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GOVERNMENT; 

ITS  ORIGIN, GROW  ,,, 
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UNIVERSITY  OF  CALIFORNI 
AT    LOS  ANGELES 


THE  GIFT  OF 

MAY  TREAT  MORRISON 

IN  MEMORY  OF 

ALEXANDER   F  MORRISON 

GOYEENMENT 

ITS    ORIGIJSr,    GROWTH,    A'NT>    FORM 
11^    THE    HJSriTED    STATES 


BY 
ROBERT  LANSING,  B.A. 

M 

ATTORNEY  AT    LAW 
AND 

GARY  M.  JONES,  M.A. 

PBINOIPAI.  or  THE  WATERTOWN,  NEW  YORK,  HIOH    8CHOOL 


SILVER,    BURDETT    AND    COMPANY 

NEW  YORK  BOSTON  CHICAGO 


Copyright,  1902,  by 
SILVER,    BURDETT   AND    COMPANF 


.    k     •        I- 


o 

2 


PKEFACE 


The  majority  of  text-books  on  civil  government  in  the 
United  States  have  followed  one  of  two  methods  in  their 
treatment  of  the  subject.  One  introduces  the  student 
directly  to  existing  institutions  and  explains  their  func- 
tions, with  little  or  no  attempt  to  show  their  origin.  The 
other  begins  with  the  more  imperfect  forms  of  local  gov- 

^  ernment  and  builds  up  from  these  to  the  federal  system. 

'♦  However  logical  either  of  these  methods  may  appear,  ex- 
S  perience  has  shown  that  the  average  student,  conversant 
with  American  history  and  not  that  of  his  State,  is  much 
more  familiar  with  the  form  and  powers  of  the  general 
government  than  he  is  with  those  of  local  governments. 
It  was  this  fact  tliat  induced  the  authors  to  prepare  this 
work  on  the  Federal  Government,  in  the  liope  that  the 

u.'     student  iiaving  thus  gained  an  ac(|uaintance  with  this, 

<     the  more  perfect  system,   would  ho  better  equipped  to 

cl     take  u])  tlie  study  of  his  more  complex  State  and  local 
:£ 

tu 
O 

C 

C9 


governments. 


Furthermore,  it  was  considered  of  the  utmost  impor- 
tance, before  discussing  the  present  federal  s\'stem,  to 
familiarize  the  student  with  those  general  principles  upon 
which  all  governments  rest,  and  with  the  source  and 
growth  of  free  institutions  in  England  and  her  colonial 
possessions  in  America.  This  is  done  in  Parts  First 
and  Second.     Tlie  abstract  principles  are  dclined  and 

4.39'11.1 


IV  PREFACE 

explained  by  appropriate  illustrations,  and  the  growth  of 
civil  liberty  is  traced  historically  from  its  Anglo-Saxon 
origin  to  its  final  development  in  the  Constitution  of  the 
United  States.  By  these  means  the  student  has  had  an 
opportunity  to  apply  his  knowledge  of  American  history, 
to  understand  the  causes  which  led  to  the  Revolutionary 
War  and  their  logical  result,  to  appreciate  the  force  of 
the  Declaration  of  Independence  and  the  reasons  for  the 
failure  of  the  Confederacy.  He  should  understand  why 
a  new  constitution  was  necessary,  upon  what  principles 
it  should  rest,  and  what  should  be  the  general  form  and 
powers  of  the  government  to  be  established.  But,  if  the 
time  devoted  to  civics  is  too  brief  to  warrant  this  histori- 
cal examination.  Part  Second  may  be  passed  over  with- 
out affecting  the  treatment  of  the  national  government. 

Part  Third  contains  a  critical  and  analytical  study  of 
the  Federal  Constitution,  with  such  historical  references 
as  are  necessary  to  explain  its  provisions.  The  sections 
and  clauses  are  inserted  in  the  text  for  the  convenience 
of  the  student  and  to  insure  careful  study  of  the  lan- 
guage of  the  Constitution.  Unless  these  are  so  clear  and 
simple  as  to  demand  no  explanation,  they  are  analyzed 
and  commented  on  in  the  light  of  the  most  recent  judicial 
decisions,  official  interpretations  and  opinions  of  promi- 
nent jurists ;  and  when  of  peculiar  interest,  the  language 
of  these  authorities  is  quoted.  Besides  this  critical  ex- 
amination of  the  Constitution,  the  practical  workings  of 
the  different  branches  of  the  Federal  Government  are 
explained,  with  especial  reference  to  the  extension  or 
modification  of  their  functions  bv  statute,  custom  and 
practice. 


PREFACE  V 

Part  Fourth  contains  a  concise  review  of  the  principles 
of  international  and  municipal  law.  Jurisprudence  is 
not  properly  a  branch  of  civics,  but  the  conduct  of  the 
foreign  and  domestic  affairs  of  the  nation  is  so  inter- 
woven with  questions  of  law  that  a  general  knowledge 
of  this  subject  is  essential  to  a  right  understanding  of 
government  in  the  United  States. 

The  purpose  of  the  whole  work  is  to  furnish  the  student 
with  principles  and  facts  which  will  be  of  practical  value 
to  him  in  the  exercise  of  the  rights  of  citizenship,  and  to 
present  them  in  such  a  way  as  to  impress  upon  him  the 
resjionsibilities  which  rest  upon  every  citizen  of  the  Re- 
public in  the  performance  of  his  public  duties. 

The  authors  desire  to  express  their  thanks  for  the  assist- 
ance and  kindly  criticism  which  they  have  received  durino^ 
the  preparation  of  this  work  from  Mr.  Justice  Harlan, 
Honorable  John  T.  Morgan,  Honorable  John  W.  Foster, 
Andrew  H.  Allen,  Esq.,  James  M.  Milne,  Esq.,  and  Prin- 
cipal William  K.  Wickes. 

Robert  Lansing. 
Gary  M.  Jones. 
Watektown,  N.  Y. 


CONTENTS 


PART  FIRST. 

ORIGIN  AND  DEVELOPMENT  OF  GOVERNMENT. 

CHAP.  TAQE 

I.     Principles  of  Government         .....         3 
II.     Classification  of  Governments  ....         9 


PART   SECOND. 

RISE  OF  AMERICAN  INSTITUTIONS. 

I.     Source  of  American  Institutions      ....  19 

II.     Growth  of  American  Independence  ...  25 

III.  The  Revolutionary  Government       ....  32 

IV.  Outline  of  the  Articles  of  Confederation      .          .  35 
V.     The  Government  under  the  Articles  op  Confeder- 
ation       39 

VI.     The  State  Governments    ......       42 

VII.     The  Constitutional  Convention         .         .         .         .       46 

PART   THIRD. 
THE  FEDERAL  GOVERNMENT. 


I.     The  Preamble  of  the  Constitution 
II.     The  Legislative  Branch   . 

1.  Congress     ..... 

2.  Senators  and  Representatives 

3.  Organization  and  Method  of  Work 


52 
56 
56 
64 
71 


Vlll 


CONTENTS 


CHAP. 


III. 


IV. 


V, 

VI. 

VII. 


4.  Legislative  Powers 

5.  Legislative  Prohibitions 

G.  Peculiar  Powers  of  Senate  and  House 
7.  The  President  and  Legislation 
The  Executive  Branch 

1 .  The  President  and  Vice-President  . 

2.  Executive  Powers 

3.  The  Executive  Departments 

4.  Duties  of  the  Executive 
The  Judicial  Branch 

1.  The  FederalJudiciary  . 

2.  The  Jurisdiction  of  the  Federal  Courts 
The  States  and  Territories 
General  Provisions  .... 
Amendments       ..... 


PAGE 

80 
107 
115 
117 
120 
120 
129 
134 
148 
154 
154 
162 
170 
181 
183 


PAET   FOUETH. 


PRINCIPLES  OF  LAW. 


11. 


International  Law    ..... 

1.  Rules  in  Time  of  Peace 

2.  Rules  in  Time  of  War    .... 

3.  Obligations  of  Belligerents  to  Each  Other 

4.  Obligations  of  Neutrals   and  Belligerents   to 

Other  ..... 

Municipal  Law  ...... 

1.'  Civil  Rights 

2.  Wrongs 


Each 


190 
190 
194 
194 

196 

202 
202 
215 


APPENDICES. 

I.     The  Declaration  of  Independence  . 
11.     Delegates  to  the  Constitutional  Convention 
III.     Constitution  of  the  United  States 


223 

227 
229 


ABBREVIATIONS 

Am.  &  Eng.  Ency.  of  Law,  American  and  English  Encyclo- 
pedia of  Law. 
Blackstone,  Commentaries. 
Bouvier,  Bouvier's  Law  Dictionary. 
Cooley,  Cooley  on  Constitutional  Law. 
Int.  Diet.,  Webster's  International  Dictionary. 
Kent,  Commentaries  on  American  Law. 
Maine,  Ancient  Law. 
Rutherford,  Institutes. 
Story,  Commentaries  on  the  Constitution. 
Tomlins,  Tomlins'  Law  Dictionary. 
Va.  Cas.,  Virginia  Cases. 
Vattel,  The  Law  of  Nations. 
Italics  in  quotations  are  the  authors'. 


PART    FIRST. 
THE  ORIGIN  AND  DEVELOPMENT  OF  GOVERNMENT. 

CHAPTER   I. 

PRINCIPLES    OF    GOVERNMENT. 

Society If  a  man  did  not  come  in  contact  and  have 

relations  with  other  men,  he  might  live  where  he  pleased 
and  do  what  he  wished ;  that  is,  his  actions  would  be  un- 
restricted, except  as  he  is  responsible  to  God.  He  is  in  a 
state  of  Natural  Liberty.  Man,  however,  has  constant  in- 
tercourse with  his  fellows,  and  his  actions  are  affected  by 
or  interfere  with  theirs;  thus  his  freedom  to  act  as  he 
wishes  limits  or  is  limited  by  the  freedom  of  another  just 
so  far  as  their  actions  conflict.  The  sole  inhabitant  of  an 
island  would  be  unrestricted  in  his  action,  but  two  individ- 
uals would  find  circumstances  in  which  their  wishes  would 
conflict,  and  one  or  the  other  would  have  to  yield.  This 
relationship  is  called  Society^  in  which  man's  Natural 
Liberty  is  limited  and  becomes  Civil  Liberty. 

Natural  Liberty  ;  The  power  of  acting  as  one  thinks  fit, 
without  any  restraint  or  control,  unless  by  the  law  of  nature.  — 
Blackskme. 

Civil  Liberty  :  Natural  Liberty  so  far  restrained  by  human 
laws  as  is  necessary  and  expedient  for  the  public  good.  —  Minor. 

State As  men  sustain  sucli  relations  to  one  another, 

those  living  in  one  place  or  region  unite  for  the  purpose 


4     ORIGIN  AND  DEVELOPMENT  OF  GOVERNMENT 

of  common  protection  and  interest.  Such  a  union  is 
termed  a  State  or  Nation,  and  by  some  writers  a  Civil 
Society.  A  state  is  therefore  formed  upon  the  principle 
of  cooperation.  Thus,  a  country  attacked  by  enemies 
would  be  more  successfully  defended  if  the  inhabitants 
united  their  efforts  of  resistance  than  if  each  attempted 
to  protect  only  his  own  dwelling.         • 

State  ;  Nation  :  A  body  politic,  or  society  of  men,  united  together 
for  the  purpose  of  promoting  their  mutual  safety  and  advantage  by 
the  joint  efforts  of  their  combined  strength.     Cooletj  ;  Bouvier. 

Civil  Society:  By  civil  society  is  usually  understood  a  state. 
a  nation  or  body  politic.     Rutherford. 

Rights ;  Sovereignty ;  Law .  —  In  every  State  every 
individual  possesses  certain  well-defined  powers  or 
privileges,  called  Rights ,  which  entitle  him  to  conduct 
himself  within  certain  limits  in  such  a  manner  as  will 
promote  his  happiness  or  profit.  Thus,  every  man  is 
entitled  to  the  rights  of  "  life,  liberty  and  the  pursuit  of 
happiness ' ' ;  that  is,  to  live  and  to  live  as  he  pleases,  to 
go  where  he  pleases  and  to  act  as  he  pleases,  provided 
he  does  not  interfere  with  the  rights  of  others.  In  order 
to  protect  the  individual  in  the  exercise  of  his  rights 
and  to  limit  the  actions  of  each  so  as  to  give  the  greatest 
freedom  to  all,  certain  rules  of  conduct,  called  Laws,  are 
necessary.  To  be  effective,  these  laAvs  must  originate 
from  a  competent  source  ;  and  the  individual  or  body  of 
individuals  having  the  supreme  power  to  declare  the  laws 
in  a  state  is  called  its  Sovereign. 

Right:     That  which   anyone  is    entitled  to  have,  or  to  do  or  to 
require  from  others  within  the  limits  prescribed  by  law.     Kent. 
Rights  are  divided  into: 

A. — Political — The  right  to  take  part  in  the  government,  such 
as  to  vote  and  hold  office. 


PRINCIPLES  OF  GOVERNMENT  5 

B.— Civil. 

a. — Absolute  or  Natural. 

The  right  of  Life.  )  ^,        .    , 

The  right  of  Liberty.      [  ^^^^^  bir'ih  ^^'''°'' 

The  right  of  Property.  ) 
b. — Relative. 

1 — Public — The  right  of  protection  by  the  government. 
2 — Private — Which  grow  out  of  the  relations  of 
Husband  and  wife, 
Parent  and  child, 
Guardian  and  ward, 
Master  and  servant. 
Sovereign:     The    person,  body  or    state    in    which    independent 
and  supreme  authority  is  vested.     Int.  Did. 

Sovereignty  :  The  union  and  exercise  of  all  human  power  possessed 
in  a  state;  it  is  a  combination  of  all  power;  it  is  the  power  to  do  every- 
thing in  a  state  without  accountability.     Story. 

That  public  authority  which  commands  in  civil  society  and  orders 
and  directs  what  each  is  to  perform,  to  obtain  the  end  of  its  institu- 
tion.    Vattel. 

Law:  A  rule  of  civil  conduct  prescribed  by  the  supreme  power  in 
a  state.     Bouvier. 

A  rule  of  life.     Maine. 

Law  in  its  most  general  and  comprehensive  sense  signifies  a  rule  of 
action;  and  it  is  applied  indiscriminately  to  all  kinds  of  action,  whether 
animate  or  inanimate,  rational  or  irrational.  Thus  we  say,  the  laws 
of  motion,  of  gravitation,  of  optics  or  mechanics,  as  well  as  the  law  of 
nature  and  of  nations.  And  it  is  that  rule  of  action  which  is  prescribed 
by  some  superior,  and  which  the  inferior  is  bound  to  obey.  Blackstone. 
When  Law  is  applied  to  any  other  object  than  man,  it  ceases  to 
contain  two  of  its  essential  ingredients,  disobedience  and  punishment. 
Tomlins. 

Government. — A  law  will  not  accomplish  its  pur- 
pose unless  all  the  individuals  in  a  state,  to  whom  it 
applies,  obey  it  in  the  same  way  ;  and  this  equal  obedi- 
ence is,  therefore,  compelled  by  the  sovereign  or  repre- 
sentatives of  the  sovereign.  The  province  of  a  sovereign 
is,  then,  to  make  and  enforce,  directly  or  indirectly,  the 


6     ORIGIN  AND   DEVELOPMENT  OF   GOVERNMENT 

laws  of  a  state  ;  and  this  act  is  termed  government.  The 
word  "  government  "  is  used  not  only  to  express  the  acts 
of  sovereignty,  but  also  the  agents  hy  means  of  which  the 
sovereign  performs  these  acts.  Tlius,  in  the  United 
States  the  sovereignty  is  vested  in  the  people  ;  the  Presi- 
dent, Congress  and  Courts  are  the  instruments  to  execute 
the  sovereign's  will,  and  are  called  "the  Government." 

Government  (first  sense) :  The  control,  direction  and  regulation 
of  public  or  private  affairs.     Am.  &  Eng.  Ency.  of  Laiv. 

Government  (second  sense) :  That  institution  or  aggregate  of 
institutions  by  which  a  state  makes  and  carries  out  those  rules  of 
action  which  are  necessary  to  enable  men  to  live  in  a  social  state,  or 
which  are  imposed  upon  the  people  forming  a  state.     Bouvier. 

Powers  of  Government. — As  the  sovereign's  power  is 
supreme,  a  government's  duties  can  be  determined  and 
its  authority  limited  only  by  the  sovereign  ;  and  a  gov- 
ernment, being  the  representative  of  the  sovereign,  has 
power  over  the  life,  liberty  and  property  of  every  indi- 
vidual in  the  state  ;  but  this  sovereign  power  can  be 
jtisfly  exercised  only  under  certain  conditions. 

The  conditions  under  wliich  a  government  rn^j  justly 
deprive  him  of  these  rights  are  : 

1.  "When  a  person  wrongfully  interferes  with  another's 
rights,  the  government  may  compel  him  to  forfeit  a  part 
or  all  of  his  own  rights.  All  disoljedience  to  the  laws  is 
such  an  interference  ;  and  the  forfeiture  imposed  by  the 
government  is  termed  P'miisJwient. 

2.  When  the  state  is  in  danger,  the  government  may 
require  the  life,  liberty  or  property  of  any  member  of 
the  state.  In  case  of  war  the  enforced  service  in  the 
army  (called  conscription  or  draft)  and  the  taking  and 
using  an  individual's  property  without  his  consent  and 


PEINCIPLES  OF  OOVERNMENT  7 

without  paying  liim  for  it  (called  confiscatimi)  are  ex- 
amples. 

The  rights  of  a  state  to  preserve  social  order  and  to 
protect  itself  are  superior  to  the  rights  of  any  individual 
member. 

Branches  of  Government. — A  government,  whatever 
its  form  may  be,  executes  the  will  of  the  sovereign  by 
the  exercise  of  three  distinct  functions,  known  as  Legis- 
lative, Judicial  and  Executive. 

The  Legislative  function  consists  in  making  laws  ;  that 
is,  in  announcing  the  sovereign  will  in  regard  to  any 
matter. 

The  Judicial^  function  consists  in  interpreting  the  laws 
in  their  application  to  individual  cases. 

The  Reecutive  function  consists  in  enforcing  the  laws. 

These  distinct  functions  may  be  exercised  by  the  gov- 
ernment as  a  whole,  or  by  two  or  three  separate  branches, 
which  are  named  after  the  functions  which  they  perform. 

In  nearly  all  states  the  executive  head  selects  men  to 
act  as  advisers  and  to  share  in  the  duties  of  enforcing  the 
sovereign's  will.  These  advisers  arc  called  a  Council  of 
State,  a  Ministry,  or  a  Cabinet.  In  some  states,  as  in 
England,  this  advisory  body  is  substantially  a  committee 
of  the  dominant  party  in  the  legislative  branch  and 
possesses  the  executive  authority.  In  such  cases  the 
Ministry  is  termed  the  "Government." 

Constitution.  —  A  government's  authority  may  be 
limited  and  defined  by  certain  principles,  which  have 
been  declared  or  accepted  by  the  sovereign.  These  prin- 
ciples of  government  are  termed  a  Constitution.  Consti- 
tutions are  either  unwritten,  as  that  of  Great  Britain,  or 


8     ORIGIN  AND  DEVELOPMENT  OF  GOVERNMENT 

written,  as  those  of  the  United  States  and  the  German 
Empire.  In  a  state  which  has  a  written  constitution 
the  word  is  used  not  only  to  indicate  the  principles  of 
government,  but  also  the  document  itself. 

Constitution  :  A  fundamental  law  or  basis  of  government.      Story. 

The  fundamental  laws  of  a  state,  directing  the  principles  upon 
which  the  government  is  founded  and  regulating  the  exercise  of  the 
sovereign  powers.     Bouvier. 

That  by  which  the  pov/ers  of  government  are  limited.     1  Va.  Cas.  24. 

Written  Constitutions  are  the  product  of  modern  ideas  of 
civil  government.  Although  the  Grecian  cities  and  some  of  the  Italian 
republics  possessed  written  laws  in  the  nature  of  constitutions,  it  may 
be  said  that  the  "  Fundamental  Orders  of  Connecticut,"  drafted  bj' 
Thomas  Hooker  and  his  friends  in  1639  and  substantially  confirmed 
by  the  charter  granted  by  Charles  II.  in  1662,  was  the  first  written 
constitution  providing  a  complete  form  of  government.  And  so  re- 
publican was  this  instrument  that  it  remained  in  force  for  forty  yeart, 
after  Connecticut  became  an  independent  state. 


CHAPTEE  II. 

CLAS'SIFICATION  OF  GOVERNMENTS. 

Divisions. — In  considering  the  different  forms  of  gov- 
ernments tliere  are  two  general  divisions  :  Single  Gov- 
ernments and  Confederated  or  Federal  Governments. 

A  Single  Government  is  that  of  a  single  state  in  which 
there  is  a  sins^le  sovereignty. 

A  Confedeimted  or  Federal  Government  is  that  of  a 
f  Confederacy  or  Union.  A  Confederacij  or  Union  is 
formed  bv  an  ao;reement  between  two  or  more  sino^le, 
independent  states  for  mutual  protection  and  benefit,  by 
which  each  state  retains  a  portion  of  its  sovereign  power, 
but  surrenders  to  the  confederacy  as  much  as  is  necessary 
to  carry  out  the  purposes  of  the  agreement.  The  word 
"confederation"  is  used  commonly  as  a  synonym  of 
"confederacy,"  but  in  its  strict  sense  the  former  is  the 
agreement  to  unite,  and  the  latter  the  residting  union. 

SINGLE    GOVERNMENTS. 

Basis  of  Classification. — Single  Governments  are  com- 
^lonly  classiiied  according  to  the  character  of  the 
sovereignties  whicli  the}^  represent. 

Classification. — From  the  time  of  the  earliest  writers, 
governmentL  have  been  divided  into  three  general 
classes  :    Mot, archies,    Aristocracies    and    Democracies. 


10     ORIGIN  AND  DEVELOPMENT  OF  GOVERNMENT 

These  are  based,  respectively,  upon  the  three  general 
forms  of  sovereignty — (1)  by  an  individual,  (2)  by  a  class 
of  individuals,  and  (3)  by  all  the  members  of  a  state, 

1.  Monarchies. — A  Monarchy  is  a  government  by  one 
person,  in  whom  is  the  sovereignty.  The  ruler — that  is, 
the  individual  who  governs — is  called  a  monarch,  sov- 
ereign, king,  emperor,  etc.,  while  those  over  whom  he 
rules  are  called  his  svhjects,  and  possess  no  part  of  the 
sovereignty.  Among  these  is  a  certain  class  of  individ- 
uals, termed  nobles,  who  have  been  granted  special  priv- 
ileges by  the  sovereign.  They  bear  such  titles  as  mar- 
quis, earl,  viscount,  baron,  etc.,  and  constitute  the  nobility 
or  aristocracy  of  the  country. 

Principalities  and  Duchies  are  small  monarchies,  whose 
sovereignties  are  in  princes  and  dukes. 

a.  Division  as  to  Power. — Monarchies  are  divided  into 
two  classes  :  Absolute  Monarchies  and  Limited  or  Con- 
stitutional Monarchies. 

Absolute  Monarcliry. — An  Absolute  Monarchy  is  one 
in  which  the  acts  of  the  ruler  are  unlimited  by  any  prin- 
ciples of  government.  Such  a  monarchy  is  also  calleil 
an  Autocracy — as  in  the  case  of  Russia,  whose  ruler  is 
often  termed  "the  Autocrat  of  All  the  Russias  " — or  a 
Despotism,  when  the  government  is  characterized  by 
cruelty  or  severity.  The  ruler  of  a  despotism  is  called 
a  despot  or  tyrant. 

A  Theocracy,  a  Patriarchal  Government  and  a  Gov- 
ernment by  a  Chief  are  also  absolute  monarchies. 

Examples. — The  Jewish  government  was  a  Theocracy  ;  that 
is,  one  in  whieli  God  was  the  sovereign.  Jehovah  was  the  sole 
and  absolute  ruler  of  the  nation.  The  best  example  of  a  Patriarchal 


SINGLE  GOVERNMENTS  11 

Government,  in  which  the  head  of  the  family  is  its  sovereign,  is 
that  of  the  Hebrew  families  before  their  settlement  in  Egypt  ; 
thus,  Abraham  and  Jacob  were  each  supreme  in  the  governing  of 
their  descendants.  The  Government  by  a  Chief  is  the  most 
common  form  among  savages.  The  Indian  tribes  of  America  and 
the  Negro  tribes  (or  kingdoms,  as  they  are  often  called)  of  Central 
Africa  are  familiar  examples. 

Limited  Monarchy. — A  Limited  or  Constitutional  Mon- 
archy is  one  in  which  the  acts  of  the  ruler  are  limited  by 
a  constitution.  The  limitations  upon  rulers  vary  accord- 
ing to  the  constitutions  of  the  states  over  which  they 
rule. 

Examples. — Spain,  Italy  and  Holland  are  examples  of  Limited 
Monarchies,  while  Great  Britain  shows  to  what  extent  the  consti- 
tution may  deprive  the  monarch  of  power.  In  the  British  Em- 
pire the  ruler,  though  theoretically  possessing  sovereign  power,  is 
so  limited  by  the  constitution  as  practically  to  possess  none.  The 
sovereignty  is  in  fact  in  the  English  people,  and  the  government 
is  in  reality  a  democracy  in  the  form  of  a  monarchy. 

h.  Division  as  to  Succession. — Monarchies  are  also 
divided  into  Hereditary  and  Elective  Monarchies.  This 
division  is  based  upon  the  transfer  of  the  sovereignty 
from  one  individual  to  another. 

Hereditanj  Monarchy. — An  Hereditary  Monarchy  is 
one  in  which  the  sovereignty  is  inherited  by  an  heir  of 
the  monarch  upon  his  death.  The  rule  of  inheritance  is 
fixed  by  custom  or  the  constitution.  The  usual  descent 
is  from  the  father  to  the  eldest  son  ;  and  if  there  is  no 
son,  then  to  the  eldest  daughter.  In  many  European 
states  there  formerly  existed  what  is  known  as  the  Salic 
Law,  which  prohibited  females  from  ever  inheriting  the 
sovereignty. 

Elective  Monarchy. — An  Elective  Monarchy  is  one  in 


12     ORIGIN  AND  DEVELOPMENT  OF  GOVERNMENT 

which  the  sovereignty,  upon  the  death  of  the  ruler,  is  trans- 
ferred to  another  individual,  chosen  by  the  people  or  by 
a  class,  in  whom  the  sovereignty  rests  until  the  new  ruler 
is  chosen.  Thus  the  former  kingdom  of  Poland  Avas  an 
elective  monarchy,  the  right  to  choose  a  king  belonging 
to  the  nobility.  Rome,  prior  to  509  b.c,  is  another  ex- 
ample of  this  class.  So,  too,  governments  by  chiefs  are 
usually  elective  monarchies  (though  sometimes  heredi- 
tary), the  tribe,  the  warriors  of  the  tribe,  or  the  heads  of 
families  being  entitled,  upon  the  death  of  a  chief,  to  select 
his  successor. 

Summary. — A  monarchy  is  then  either  absolute  and 
hereditary,  limited  and  hereditary,  absolute  and  elective, 
or  limited  and  elective. 

2.  Aristocracies. — An  Aristocracy  is  a  government  by 
a  class  of  persons,  separated  from  the  other  members  of 
the  state  by  reason  of  family,  wealth  or  ])ower.  The 
sovereignty  rests  equally  in  the  persons  of  the  ruling 
class.  The  government  within  the  class  is  democratic, 
and  for  this  reason  an  aristocracy  is  often  classed  as  a 
republic. 

Examples. — The  so-called  Republic  of  Venice  is  the  best  ex- 
ample of  an  Ai'istocracy.  The  sovereignty  rested  in  a  few  families, 
and  the  government  was  conducted  through  a  council  selected  by 
them,  who,  in  turn,  chose  the  Doge  and  the  Council  of  Ten, 
who  w'ere  the  actual  government.  Genoa,  and  some  of  the 
Greek  cities  about  the  seventh  century  before  Christ,  also  had 
aristocratic  governments. 


&^ 


Hierarchies. — To  tliis  class  belong  certain  church  gov- 
ernments called  Hierarchies  ;  the  churches  are  composed 
of  the  clergy  and  of  lay  members,  but  the  sovereignty 


SINGLE  GOVERNMENTS  13 

and  government  is  reserved  to  the  clergy.  The  Church 
of  Rome,  the  Greek  Church  and  the  Anglican  Church 
have  hierarchical  governments. 

3.  Democracies. — A  Democracy  is  a  government  in 
which  all  the  members  of  the  state  possess  an  equal  share 
of  the  sovereignty.  There  are  two  general  divisions  of 
this  class  of  government  :  Pure  Democracies,  and  Repre- 
sentative Democracies  or  Republics. 

Pure  Democracy. — A  Pure  Democracy  is  one  in  which 
the  government  is  carried  on  directly  by  all  the  mem- 
bers of  a  community.  It  is  only  in  states  of  small  extent 
that  this  form  can  exist,  as  it  would  be  impossible,  in  a 
large  state,  for  its  thousands  of  inhabitants  to  meet 
together  and  decide  all  questions  of  government.  At 
the  present  day  this  form  is  found  only  among  small 
savage  tribes. 

Examples. — Such  a  government  is  carried  on  as  follows  :  The 
tribe  meets  in  one  assembly,  the  affairs  of  the  community  are 
discussed,  the  action  to  be  taken  is  determined  upon,  and  one  or 
more  are  appointed  to  execute  the  will  of  the  tribe,  and  after  this 
has  been  done  the  authority  of  those  appointed  to  act  for  the 
tribe  ceases.  A  remnant  of  this  form  of  democracy  is  still  to  be 
found  in  the  town  meeting,  at  which  every  member  of  the  town 
is  entitled  to  be  present  and  express  his  opinion,  and  the  questions 
of  town  government  are  decided  by  a  vote  of  all  the  electors 
present. 

Republic. — A  Representative  Democracy,  or,  as  it  is 
more  commonly  called,  a  Republic  or  Commonwealth,  is 
one  in  which  the  government  is  delegated  to  a  body  of 
men  elected  from  time  to  time  by  the  citizens^  as  the 
members  of  the  state  are  called,  who  have  an  equal  voice 
in  selecting  those  who  are  to  act  for  all  in  the  government. 


U     ORIGIN  AND  DEVELOPMENT  OF  GOVERNMENT 

Government  in  a  Republic. — In  a  republic  the  three  func- 
tions of  government  are  usually  administered  by  separate 
branches — the  Legislative,  by  Representatives  elected  by 
the  people  ;  the  Judicial,  by  men,  termed  Judges  or  Jus- 
tices, elected  by  the  people  or  appointed  b}^  the  Executive 
Branch  of  the  government  ;  and  the  Executive,  by  a 
President  elected  by  the  people  or  chosen  by  their  repre- 
sentatives. In  most  republics  the  Executive  has  a  limited 
right,  called  the  ri(jht  of  veto,  to  disapprove  the  acts  of  the 
Legislature;  the  Judiciary  usually  determines  whether  the 
acts  of  the  Legislature  and  Executive  comply  with  the 
principles  declared  by  the  constitution  ;  and  the  Legis- 
lature has  power  to  remove  the  Executive  and  the  Judi- 
ciary in  case  they  violate  the  constitution.  The  three 
branches,  therefore,  though  separate,  are  not  absolute  in 
the  exercise  of  their  functions,  but  are  responsible  to 
some  other  branch  of  the  government. 

Examples. — France  is  an  example  of  a  Republic.  There  is  a 
single  sovereignty,  which  rests  in  all  the  people.  The  three 
branches  of  government  are  distinct.  The  legislative  is  elected 
by  the  people,  and  divided  into  two  houses,  called  a  Senate  and  a 
Chamber  of  Deputies.  The  Republic  is  divided  into  Departments, 
{each)  administered  by  a  prefect,  who  is  nominated  by  the  central 
government,  and  the  Departments  are  subdivided  into  Arrondis- 
sements,  Cantons  and  Communes.  The  judges  of  the  different 
courts  are  appointed  by  the  President. 

Chile  is  another  example  of  a  Republic  with  a  single  sover- 
eigntJ^  It  also  has  a  President,  a  Senate  and  a  Chamber  of 
Deputies  elected  by  the  people.  For  purposes  of  administration 
the  Republic  is  divided  into  Provinces,  and  these  into  Depart- 
ments, wliose  ofhcial  heads  are  appointed  by  the  central  govern- 
ment, as  are  also  the  judiciary. 

Ecuador  and  Colombia  are  other  instances  of  Single  Republics. 


CONFEDERATED  OR  FEDERAL  GOVERNMENTS     15 

CONFEDERATED    OR    FEDERAL    GOVERNMENTS. 

Classification. — ^Confederated  or  Federal  Governments, 
being  based  upon  an  agreement  between  sovereign  and 
independent  states,  adopt  the  character  of  the  govern- 
ments of  these  states.  Confederacies  may  be  divided 
into  two  classes:  Monarchical  Confederacies  and  Repub- 
lican Confederacies. 

1.  MoNAKCHicAL  CONFEDERACIES. — A  Monarchical  Con- 
federacy is  one  composed  of  two  or  more  monarchies,  and 
necessarily  assumes  the  form  of  a  limited  monarchy,  as 
the  sovereign  power  is  confined  to  such  powers  as  are  sur- 
rendered to  it  by  the  individual  states  which  form  the 
confederacy. 

'  Examples. — The  German  Empire  is  a  Monarchical  Confeder- 
acy, composed  of  four  kingdoms,  six  grand  duchies,  five  duchies, 
seven  principalities  and  three  free  towns.  By  its  constitution  the 
sovereignty,  for  certain  purposes,  is  given  to  two  distinct  branches, 
the  executive  and  the  legislative.  The  former  is  in  the  person  of 
a  President,  with  the  title  of  the  German  Emperor,  wlio  is  l)y  the 
constitution  the  hereditary  king  of  Prussia,  the  largest  and  most 
influential  state  of  the  Confederacy.  The  legislative  autliority  is 
in  the  Bundesrath,  or  Federal  Council,  appointed  by  the  govern- 
ments of  the  individual  states,  and  the  Reichstag,  or  Diet,  elected 
by  the  people.  There  is  one  federal  court  for  hearing  appeals, 
whose  judges  are  appointed  by  the  Emperor.  All  other  courts 
are  directly  under  the  appointment  and  control  of  the  different 
monarchies  which  form  the  Confederacy.  Each  state  has  also  its 
own  government,  with  an  hereditary  mojiarcli  at  its  head,  and  is 
supreme  in  all  matters  not  surrendered  to  the  Imperial  Govern- 
ment by  the  constitution. 

Austria-Hungary  is  also  a  Monarchical  Confederacy,  composed 
of  the  Empire  of  Austria  and  the  Kingdom  of  Hungary,  over 
which  there  is  a  common  monarch  with  the  titles  of  Kaiser  of 
Austria  and  King  of  Hungary.     To  the  Federal  Government  is 


16     ORIGIN   AND   DEVELOPMENT  OF  GOVERNMENT 

surrendered  the  charge  of  foreign,  military  and  naval  affairs, 
finance,  etc.,  while  in  all  other  matters  the  governments  of  the 
two  monarchies  are  separate,  except  that  the  executive  authority- 
is  in  the  one  ruler.  In  this  it  differs  from  the  German  Empire,  in 
which  each  state  has  its  own  monarch.  Austria  and  Hungary 
are  both  limited  monarchies,  with  legislative  assemlilies  of  their 
own.  The  federal  legislation  is  by  sixty  delegates  from  each 
monarchy,  chosen  by  their  respective  assemblies  from  their  own 
members.  These  Delegations,  as  they  are  called,  meet  separately, 
once  a  year,  and  propose  federal  laws,  which  are  submitted  to  the 
Delegation  from  the  other  monarchv.  If  a  law  is  not  agreed  to 
after  three  interchanges  of  the  views  of  each  Delegation,  then  the 
one  hundred  and  twenty  delegates  meet  in  one  body  and  decide  it. 
The  famous  Iroquois  Confederacy,  or  the  Confederacy  of  the 
Six  Nations,  is  another  example  of  a  Monarchical  Confederacy. 
It  was  composed  of  six  Indian  tribes  whose  villages  extended 
aci'oss  the  central  part  of  what  is  now  New  York  State.  Each 
tribe  was  under  the  government  of  hereditary  sachems,  but  the 
Confederacy,  in  matters  relating  to  the  welfare  of  all  the  tribes, 
was  governed  by  a  grand  council  of  fifty  sachems,  any  of  whom 
could  demand  a  meeting  of  the  council.  In  military  affairs, 
however,  two  hereditary  chiefs  of  the  Seneca  tribe  commanded 
the  warriors  of  the  Confederacy. 

2.  Republican  Confederacies. — A  Republican  Confed- 
eracy is  governed  in  the  same  general  way  as  a  single 
repul)lic,  except  that  the  sovereignty  of  the  federal  gov- 
ernment is  limited  to  those  matters  which  affect  the  gen- 
eral welfare  of  all  the  states  which  form  the  confederacy, 
and  which  have  been  delegated  to  it  by  the  states. 

Examples. — The  Swiss  Confederation  is  a  Confederacy  of 
twentj'-two  separate  republics,  called  Cantons.  By  its  constitu- 
tion the  legislative  and  executive  authority  of  the  Confederation 
is  in  a  Federal  Assembly  composed  of  two  houses,  the  State 
Council  and  the  National  Council.  The  former  has  forty-four 
members,  two  from  each  Cajiton,  and  the  latter  consists  of  repre- 
sentatives elected  by  the   people,  one   representative  for  every 


CONFEDERATED   OR  FEDERAL  GOVERNMENTS     17 

20,000  inhabitants.  Tho  executive  autliority  is  delegated  by  the 
Fedei'al  Assembly  to  a  Federal  Council  of  seven  members  elected 
for  thx'ee  yeai's.  The  President  and  A^ice-President  of  this  Coun- 
cil are  selected  each  year  by  the  Federal  Assembly,  and  no  mem- 
ber of  the  Council  can  be  President  two  years  in  succession.  It 
is  the  duty  of  the  Federal  Council  to  propose  laws  and  to  execute 
them  when  passed  by  the  two  houses.  The  Federal  Council  may, 
when  it  desires,  and  must,  when  iietitioned  by  30,000  citizens, 
submit  a  law  to  all  tho  people,  who  may,  by  vote,  adopt,  amend  or 
reject  it.  This  princix^le  of  submission  to  the  jjeople  is  called  the 
referendum  and  is  a  modified  form  of  Pure  Democracy.  The 
act  of  petitioning  by  the  people  for  a  referendum  is  termed  initia- 
tion. Thei'e  is  only  one  fedei'al  court,  whose  jurisdiction  is 
limited.  Each  Canton  has  its  own  judges  ;  and,  in  all  matters 
not  delegated  to  the  Federal  Government  by  the  constitution,  it 
is  supreme  and  has  its  own  independent,  republican  government. 
The  United  States  has  a  government  of  this  class,  although  in 
some  particulars  it  j^ossesses  the  character  of  a  single  republic. 
This  likeness  and  difference  will  be  shown  when  this  government 
is  studied  more  in  detail. 

The  Federal  Principleo — ^Thc  principle  which  underlies 
this  form  of  government  is  that  each  state  of  the  union 
possesses  the  sovereignty  in  all  matters  which  affect  itself 
alone,  while  in  all  matters  which  relate  to  two  or  more  of 
the  states,  or  which  have  to  do  with  foreign  nations,  the 
sovereign  power  is  in  the  Federal  Government. 


18     ORIGIN  AND  DEVELOPMENT  OP  GOVEENMENT 


2. 
3. 


SINGLE   GOVERNMENTS. 

Autocracy. 
Despotism. 
Absolute  ^  Theocracy. 
Patriarchy. 
By  a  Chief. 
Limited,  or  Constitutional, 
Hereditary. 
Elective. 
Aristocracies.    Hierarchies. 

Pure. 
Representative,  or  RepiMican. 


1.  Monarchies 


As  to  Power 


As  to  Succession 


Democracies 


CONFEDERATED    GOVERNMENTS. 


1.  Monarchical  Confederacies. 

2.  Republican  Confederacies. 


DIVISIONS   OF   GOVERNMENT   IN   A    REPUBLIC. 

1.  Legislative,  by  Representatives  elected  by  People. 

2.  Executive,  by  President  elected  by  s   -p,  ,   ,. 

^  ''    i   Representatives. 

Q     1    ri  •    •    I   1a     T    1         \   elected  by  People. 

'    "^        ''I  appointed  by  Executive. 


.    PART  SECOND. 
RISE   OF   AMERICAN   INSTITUTIONS. 

CHAPTER  I. 

SOURCE    OF   AMERICAN    INSTITUTIONS. 

The  Anglo-Saxons. — The  principle  of  civil  liberty,  which 
is  the  important  element  in  our  system  of  government, 
was  already  strongly  developed  among  the  Angles  and 
Saxons  when  they  conquered  England  in  the  fifth  cen- 
tury. They  were  believers  in  the  rights  and  powers  of 
the  individual.  They  elected  their  own  chiefs  and  had  a 
voice  in  the  government  of  their  clans.  Under  their  rule 
the  people  in  their  various  councils  made  laws  and 
treaties,  levied  some  taxes,  raised  land  and  sea  forces, 
and  exercised  many  other  legislative  and  also  judicial 
powers.  These  powers,  although  modified  by  changing 
conditions,  became  firmly  settled  under  the  successive 
Saxon  kings  in  the  form  in  \vl\ich  they  are  historically 
known  as  the  "  Laws  of  Edward  the  Confessor." 

Effect  of  Norman  Conquest. — The  I^orman  conquest 
wrought  a  change.  The  conquerors  did  not  possess  the 
Saxon  ideas  of  liberty  and  equality.  To  them  the  king 
Avas  the  state  ahd  source  of  all  law,  and  in  the  confusion 
of  this  change  in  ideas  of  government  there  followed  con- 


20  RISE  OF  AMERICAN   INSTITUTIONS 

fiscation  of  property,  oppressive  laws,  and  the  practical 
enslavement  of  the  conquered  people  through  the  intro- 
duction of  Feudalism. 

These  conditions  continued  during  the  reigns  of  "  The 
Conqueror"  and  AYilliam  II.  But  Henry  I.,  fearing 
the  effect  of  popular  discontent,  promised  by  a  "  Charter 
of  Liberties,"  granted  in  1101,  to  restore  in  part  the 
"  Laws  of  Edward  the  Confessor."  This  Charter  is  im- 
portant as  the  first  limitation  upon  the  powers  of  the 
crown. 

Magna  Charta. — A  century  later  (June  15,  1215)  the 
gi'SaTmstrument  of  English  liberty,  known  as  Magna 
Charta,  w^as  wrung  from  KingJjilin  by  the  people  and 
nobles,  who  had  revolted  against  his  despotic  rule.  Oi 
the  sixty-three  provisions  of  this  great  document,  those 
which  are  important  in  the  study  of  our  government  are 
the  following  : 

Taxes. — No  scutag-e*  or  aiclf  shall  be  imposed  in  our  kingdom 
unless  by  the  general  council  of  our  kingdom  ;  except  for  ransom- 
ing our  person,  making  our  eldest  son  a  knight  and  once  for 
marrying  our  eldest  daugliter  ;     .     .     . 

General  Council. — And  for  holding  the  general  council  of 
the  kingdom  concerning  the  assessment  of  aids  .  .  .  we  shall 
cause  to  be  summoned  the  archbishops,  bishops,  abbots,  earls  and 
greater  barons  of  the  realm,  singly  by  our  letters.  And  further- 
more, "we  shall  cause  to  be  summoned  generally  ...  all 
others  who  hold  of  us  in  chief,  for  a  certain  day  .  .  .  and  to 
a  certain  place  ;  and  in  all  letters  of  such  summons  we  will 
declare  the  cause  of  such  summons. 

By  these  provisions  the  taxing  power  was  placed   in 

*ScutAGE:  Tax  imposed  instead  of  military  service. 
t.A.iD:  Feudal  tax  paid  by  the  vassal  to  his  lord. 


SOURCE  OF  AMERICAN  INSTITUTIONS  21 

the  people,  and  definite  means  were  prescribed  for  its 
exercise. 

Personal  Rights. — No  freeman  shall  be  taken  or  imprisoned 
or  disseised*  or  outlawed,  or  banished,  or  anyways  destroyed,  nor 
will  we  pass  upon  him,  nor  will  we  send  upon  him,  unless  by  the 
lawful  judgment  of  his  peersf  or  by  the  law  of  the  land. 

We  will  sell  to  no  man,  we  will  not  deny  to  any  man,  either 
justice  or  right. 

A  freeman  shall  not  be  amerced|  for  a  small  offense,  but  only 
according  to  the  degree  of  the  offense  ;  and  for  a  great  crime  ac- 
coi'ding  to  the  heinousness  of  it. 


^o 


These  provisions  were  to  protect  the  subject  in  his  per- 
sonal freedom  by  guaranteeing  that  punishments  should 
be  proportionate  to  the  enormity  of  the  crime. 

Property  Rights.— Neither  shall  we  nor  our  bailiffs  take  any 
man's  timber  for  our  castles  or  other  uses,  unless  by  the  consent 
of  the  owner  of  the  timber. 

This  provision  was  intended  to  protect  the  subject  in 
his  property,  and  is  so  manifestly  just  that  it  has  continued 
in  force  to  the  present  day. 

House  of  Commons. — The  next  development  in  popu- 
lar government  was  the  establishment  of  the  House  of 
Commons,  which,  like  Magna  Charta,  was  the  result  of 
a  conflict  between  the  king  and  the  barons,  in  which  the 
latter  were  successful.  Henry  III.  and  his  son  havinpr 
been  taken  prisoners,  the  government  passed  temporarily 
into  the  hands  of  Simon  de  Montfort,  the  leader  of  the 
rebels,  who,  to  strengthen  himself,  summoned  a  parlia- 

*Disseised:  Ijnlawfvilly  deprived  of  property. 

f Peers:  Equals,  of  the  same  rank. 

IAmerced;  Punished  at  the  discretion  of  a  court. 


22  RISE  OF  AMERICAN  INSTITUTIONS 

ment  (1265),  in  which  ho  gave  seats  not  only  to  those 
entitled  to  them  under  Magna  Charta,  but  also  to  Uvo 
representatives  from  each  town  or  borough.  This  was 
the  first  House  of  Commons,  the  representative  body  of 
the  common  people.  The  example  thus  set  was  not  im- 
mediately followed.  But  in  1295  Edward  I,,  in  order  to 
obtain  supplies  for  wars  in  France  and  Scotland,  sum- 
moned a  parliament,  to  which  he  called  "  two  burghers 
from  every  city,  borough  and  liege-town  to  sit  with  the 
nobles  and  barons,"  stating  in  the  summons  that  "  what 
concerns  all  should  be  approved  by  all. "  This  was  the 
permanent  establishment  of  the  House  of  Commons. 

Rights  of  Colonists  in  America. — -These  were  the  gov- 
ernmental rights  to  which  Englishmen  "were  entitled  at 
the  time  of  the  colonization  of  America,  and  to  these 
rights,  as  also  to  those  subsequently  granted,  the  settlers 
in  America  became  entitled  as  fully  as  the  inhabitants  of 
London  or  other  English  towns.  For  in  the  charter 
under  which  the  Plymouth  and  London  Companies  were 
organized  the  king  stated  that  the  colonists  and  their 
descendants  should 

have  and  enjoy  all  libei-ties,  franchises  and  immunities  of  free 
denizens  and  natural  subjects,  within  any  of  our  otlier  domin- 
ions, to  all  intents  and  purposes  as  if  they  had  been  abiding  and 
born  within  this  our  realm  of  England,  or  in  any  other  of  our 
dominions. 

Habeas  Corpus  Act. — Of  the  rights  subsequently  granted, 
but  two  will  be  noticed.  First,  the  Habeas  Corpus  Act. 
From  the  time  of  Magna  Charta  it  had  been  a  principle 
of  law  that  a  prisoner  could  demand  from  a  court  an 
order,  or  zorit,  compelling  his  jailer  to  produce  him  before 


SOURCE  OF  AMERICAN  INSTITUTIONS  23 

the  court  for  the  purpose  of  determining  whether  he  was 
legally  imprisoned.  This  did  not  apply  in  cases  of  arrest 
by  the  Koyal  Council,  and  as  a  result  many  persons  had 
been  illegally  and  arbitrarily  imprisoned.  To  check  this 
abuse,  Parliament,  in  1679,  passed  the  Habeas  Corpus 
Act,  by  which  it  was  provided  that  no  judge  should  re- 
fuse the  writ  to  any  prisoner,  or  to  order  his  release  from 
confinement  if  such  confinement  was  illegal. 

^111  of  Rights. — The  other  important  measure  is  the 
Bill  of  Rights.  When  James  II.  was  deposed,  and  "Wil- 
liam and  Mary  were  called  to  the  throne,  there  was 
annexed  to  the  Act,  which  determined  the  future  succes- 
sion, a  statement  of  rights  which  definitely  fixed  the  limits 
of  royal  power  and  stated  the  principles  of  English  con- 
stitutional government.  After  a  recital  of  complaints 
the  Bill  continues: 

That  the  pretended  power  of  suspending  of  laws,  or  the  execu- 
tion of  laws  by  regal  authority,  without  consent  of  parliament, 
is  illegal. 

That  it  is  the  right  of  the  subject  to  petition  the  king;  and  all 
commitments  and  prosecutions  for  such  petitioning  are  illegal. 

That  the  raising  or  keeping  a  standing  army  within  tlie  king- 
dom in  time  of  peace,  unless  it  be  with  the  consent  of  parliament, 
is  against  law. 

That  the  freedom  of  speech  and  debates  or  proceedings  in  par- 
liament ought  not  to  be  impeached  or  questioned  in  any  court  or 
place  out  of  parliament. 

That  excessive  bail  ought  not  to  be  i-cquired,  nor  excessive  fines 
imposed,  nor  cruel  and  unusual  i)unishments  inflicted. 


24  RISE  OF  AMEEICAN  INSTITUTIONS 


DATES    OF    PRINCIPAL    EVENTS    IN    RISE    OF 
AMERICAN    INSTITUTIONS. 

449-435    Conquest  of  Britain  by  the  Saxons  and  Angles. 
1030-63   Laws  of  Edward  the  Confessor, 
1066  Norman  Invasion  of  England. 
IIOI    Charter  of  Liberties. 
1215    Magna  Charta. 
1263    First  House  of  Commons. 
1295   House  of  Commons  made  Permanent. 
1297    Confirmation  of  the  Charter  by  Edward  I. 
1606    Charter  of  the  Plymouth  and  London  Companies. 
1679    The  Habeas  Corpus  Act. 
1689   Bill  of  Rights. 


CHAPTER  II. 

GROWTH    OF    AMERICAN    INDEPENDENCE. 

Cause  of  American  Revolution. — The  American  Revo- 
lution is  traceable  to  one  cause^jjie  yioliition  of- the 
rights   and   libertieS-.J3f_JEn^lishm^^  by   and 

guaranteed  to  the  colonists.  Until  the  cession  of  Canada 
to  England  the  colonists  had  been  allowed  to  exercise  all 
the  rio-hts  of  Enolishmen,  for  the  menace  of  the  Erench 
on  the  north  and  west  was  sufficient  to  warn  the  British 
ministry  that  any  trouble  or  irritation  would  weaken  its 
power  in  the  New  World.  But  with  the  fall  of  Quebec 
three  measures  were  proposed  which  Avere  intended  to 
give  the  British  Government  more  complete  control  over 
the  colonists.  These  were  the  enforcement  of  the  Acts 
of  Trade,  the  taxation  of  the  colonies  and  the  quartering 
of  troops  in  America. 

Acts  of  Trade ;  V/rits  of  Assistance. — The  Acts  of  Trade 
were  statutes  which,  first  enacted  during  the  reign  of 
Richard  II.,  had  been  so  extended  that  at  this  time  they 
practically  prohibited  the  colonists  from  exporting  their 
produce  in  any  other  than  Englisli  ships,  from  importing 
goods  from  any  otlier  than  Englisli  ports,  or  from  manu- 
facturing goods  which  could  be  made  in  England.  While 
the  original  purpose  of  these  measures  Avas  to  destroy  the 
Dutch  trade  with  the  colonists,  it  had  developed  into  a 


26  RISE  or   AMERICAN  INSTITUTIONS 

scheme  to  make  of  the  colonies  sources  of  supply  for  the 
markets  of  England  and  consumers  of  her  products;  and 
the  colonists,  appreciating  this,  continued  their  foreign 
trade  by  smuggling. 

To  detect  and  punish  smugglers,  recourse  was  had  to 
Writs  of  Assistance,  which  were  warrants  issued  by  a 
court  empowering  officers  to  enter  and  search  any  prem 
ises  for  the  purpose  of  finding  smuggled  goods.  This 
action  of  the  Government  produced  violent  opposition 
throughout  the  colonies.  James  Otis  declared  that  it 
was  an  invasion  of  private  lil^erty  such  as  had  "  cost  one 
king  of  England  his  head  and  another  his  throne. "  He 
argued  that  the  colonists  were  not  bound  to  obey  laws  in 
the  making  of  which  they  had  no  voice,  and  that  the 
forcing  of  the  colonists  to  pay  exorbitant  duties  upon 
goods  not  imported  from  England  was  "  taxation  by  a 
foreign  legislature  without  our  consent." 

Quartering  of  Troops ;  Stamp  Act. — The  excitement  over 
the  Writs  of  Assistance  had  not  ceased  before  the  min- 
istry determined  to  station  permanently  in  the  colonies 
a  force  of  ten  thousand  soldiers  to  aid  the  colonial  gov- 
ernors in  the  enforcement  of  the  laws.  For  the  purpose 
of  partially  defraying  the  expense  of  these  garrisons  it 
was  further  proposed  to  levy  a  tax  in  the  form  of  a  stam]3 
duty,  and  in  1Y65  the  Stamp  Act  was  passed.  Its  enact- 
ment was  the  signal  for  violent  popular  demonstrations 
in  the  colonies,  and  as  a  result  a  congress  of  delegates 
from  Massachusetts,  South  Carolina,  Pennsylvania,  Rhode 
Island,  Connecticut,  Delaware,  Maryland,  New  Jersey 
and  New  York  met  at  the  city  of  New  York,  October  7, 
1765.     This   meeting,  known  as  the  "  Stamp  Act  Con- 


GROWTH  OF  AMERICAN  INDEPENDENCE        27 

gress,"  *  lasted  two  weeks.  It  drew  up  a  Petition  to  tiie 
Englisli  people,  and  a  Declaration  of  lliglits  and  Griev- 
ances, in  which  were  set  forth  the  rights  of  the  colonists 
to  the  liberties  of  Englishmen,  among  which  Avas  the 
right  to  tax  themselves  ;  it  complained  of  the  Stamp  Act 
and  asked  for  a  repeal  of  the  Acts  of  Trade.  But  there 
was  no  suggestion  of  revolution.  The  determination  of 
the  colonists  to  protect  their  rights,  and  the  support  of 
a  strong  party  in  Parliament,  compelled  the  repeal  of  the 
Stamp  Act  in  1766,  but  the  obnoxious  principle  under- 
lying it  was  preserved;  for  with  the  Act  of  Repeal  was 
passed  the  ''  Declaratory  Act,"  whereby  it  was  asserted 
that  the  colonies  Avere 

subordinate  unto  and  dependent  upon  the  Imperial  Crown  and 
ParHament  of  Great  Britain,  and  tliat  ParHament  hatli,  and  of 
right  ought  to  have,  full  power  to  make  laws  and  statutes  of  suf- 
ficient force  and  validity  to  l)ind  the  colonies  and  people  of 
America,  subjects  to  the  crown  of  Great  Britain,  in  ail  cases 
whatsoever. 

Townshend  Acts  of  1767 — It  was  not  long  before  the 
threat  implied  in  this  declaration  was  carried  out.  In 
1767  Townshend,  Chancellor  of  the  Exchequer,  who  was 
opposed  to  a  conciliatory  policy,  obtained  the  passage  of 
Acts  which  placed  duties  on  wine,  oil,  fruit,  glass,   paper 

*  Tlicrc  had  been  prior  meetings  for  common  purposes.  In  1643 
Massachusetts  Bay,  Connecticut,  Plymouth  and  New  Haven  had 
joined  under  tlie  name  of  the  ''United  Colonics  of  New  Enghind  " 
in  "a  firm  and  perpetual  league  of  fricnilsliip  and  aniiiy  for  offense 
and  defense  .  .  ."  Again,  during  the  French  and  Indian  War, 
representatives  from  the  New  England  Colnnios,  and  from  Xew 
York,  Pennsylvania  and  Maryland  met  at  New  York  to  devise  plans 
of  union  and  defense. 


28  RISE  OF  AMERICAN  INSTITUTIONS 

lead  and  teas,  and  at  the  same  time  revived  the  Writs  of 
Assistance.  These  enactments  met  with  the  same  recep- 
tion as  the  Stamp  Act.  The  colonists  recognized  in  them 
the  hateful  principle  of  taxation  without  representation. 
The  Yirginia  Assembly  declared  the  tax  illegal  and  pro- 
tested against  its  enforcement,  and  later  adopted  a  pledge 
not  to  buy  any  of  the  goods  upon  Avliich  such  taxes  were 
levied.  Similar  action  was  taken  in  several  other  col- 
onies. 

Coercive  Action  of  British  Government.—  The  king,  en- 
raged by  the  temper  of  these  petitions  and  resolutions, 
declared  the  originators  to  be  rebellious  and  guilty  of 
treason,  and  measures  were  adopted  to  repress  the  expres- 
sion of  sucli  sentiments.  The  colonial  governors  were 
directed  to  prevent  public  assemblies,  and  troops  were 
sent  to  Boston  and  JSTew  York.  The  danger  of  this  policy 
was,  however,  felt  in  England,  and  at  length,  in  April, 
1770,  Parliament  repealed  the  provisions  of  the  Town- 
shend  Acts,  except  such  as  related  to  the  duty  on  tea, 
which  was  made  so  low  as  to  render  smuggling  unprofit- 
able. 

Committees  of  Correspondence. — Meanwhile  the  agita- 
tion continued,  and  open  conflict  seemed  unavoidable. 
Samuel  Adams,  who  saw  the  probability  of  war,  intro- 
duced into  the  Boston  town  meeting  in  November,  1772, 
a  resolution  that  ' '  a  committee  of  correspondence  be  ap- 
pointed to  state  the  rights  of  the  colonists  .  .  .  and  also 
request  of  each  town  a  free  communication  of  their  senti- 
ment on  this  subject."  The  idea  was  received  every- 
Avhere  with  favor.  Similar  committees  were  selected  in 
other  colonies,  who  spread  the  doctrine  of  liberty  among 


GEOWTH  OF  AMERICAN  INDEPENDENCE        29 

the  people  and  formed  an  incipient  union  by  constant 
intercourse  upon  all  matters  of  public  interest. 

The  Tea  Agitation. — Still  the  ministry  was  blind  to  the 
dangers,  and  upon  the  demands  of  the  East  India  Com- 
pany determined  to  enforce  the  tea  tax.  For  this  pur- 
pose, in  the  fall  of  1773,  cargoes  of  tea  were  shipped  to 
New  York,  Boston,  Philadelphia  and  Charleston.  At 
Philadelphia  and  Charleston  the  cargoes  were  either 
returned  or  stored  in  damp  cellars.  At  Boston,  on  the 
night  of  December  IG,  X773,  the  ship  was  boarded,  the 
cargo  broken  open  and  the  tea  emptied  into  the  harbor. 
This  was  called  the  "Boston  Tea  Party."  At  Kew 
York  a  similar  demonstration  was  made  by  the  "  Sons  of 
Liberty." 

Retaliation  by  Great  Britain. — Retaliatory  measures  were 
at  once  taken  by  Parliament.  The  principal  ones  were 
aimed  at  Massachusetts,  which,  possessing  a  charter  gov- 
ernment, was  deemed  by  the  ministry  as  being  most 
hostile  to  British  interests.  These  closed  the  port  of 
Boston,  annulled  the  charter  of  the  colony  and  placed 
the  government  in  the  hands  of  a  governor  and  a  council 
selected  by  him,  and  provided  for  the  further  quartering 
of  troops  in  Boston.  Another  Act  provided  for  the  trial 
in  England  of  all  soldiers,  magistrates  or  revenue  officers 
char2:ed  with  murder. 

First  Continental  Congress. — In  view  of  the  dangers 
threatened  by  such  enactments  the  lower  house  of  the 
Massachusetts  legislature  called  upon  the  other  colonies 
to  join  in  a  congress  to  meet  at  Philadelphia,  and  in  re- 
sponse to  the  call  delegates  from  the  different  colonies 
met,  September  5,  1774,  in  what  is  known  as  the  "  First 


30  RISE  OF  AMEEICAN  INSTITUTIONS 

Continental  Congress."  Among  the  delegates  were 
Samuel  and  John  Adams,  John  Jay,  Patrick  Henry  and 
George  Washington.  They  adopted  a  Declaration  of 
Eights,  and  prepared  a  Petition  to  the  king,  praying  for 
a  redress  of  wrongs.  They  also  presented  an  address  to 
the  same  effect  to  the  people  of  Great  Britain,  united  in 
a  pledge  to  import  no  goods  from  England  or  her  col- 
onies, provided  for  a  second  Continental  Congress  and 
adjourned  October  26,  1T74. 

Second  Continental  Congress. — These  measures,  how- 
ever, failed  of  their  purpose,  and  the  colonists  determined 
upon  armed  resistance.  April  19,  1775,  the  first  engage- 
ment was  had  at  Lexington,  and  the  news  of  it  was  the 
signal  for  a  general  uprising.  May  10,  1775,  the  British 
garrison  at  Ticonderoga  surrendered  to  Ethan  Allen,  and 
the  same  day  the  Second  Continental  Congress  assembled 
at  Philadelphia.  On  June  7,  1776,  Richard  Henry  Lee 
of  Virginia  introduced  into  the  Congress  the  following 
resolution:  "  Resolved — That  these  United  Colonies  are, 
and  of  right  ought  to  be,  free  and  independent  States  ; 
that  they  are  absolved  from  all  allegiance  to  the  British 
Crown  ;  and  that  all  political  connection  between  them 
and  the  state  of  Great  Britain  is,  and  ought  to  be,  totally 
dissolved."  On  Juno  11,  1776,  Thomas  Jefferson,  John 
Adams,  Benjamin  Franklin,  Roger  Sherman  and  Robert 
R.  Livingston  were  appointed  a  committee  to  prepare  a 
suitable  declaration  of  grievances  and  a  statement  of  the 
attitude  of  the  colonies.  This  committee  made  its  report 
July  1st.  The  next  day  the  Lee  resolution  was  passed, 
and  on  the  Fourth  of  July  the  Declaration  of  Indepen- 
dence was  adopted. 


GROWTH  OF  AMERICAN  INDEPENDENCE         31 

Declaration  of  Independence. — Thus  the  separation  of 
the  colonies  from  England  was  made  complete.  An  ex- 
amination of  the  Declaration  of  Independence  discloses 
no  new  governmental  principles.  (See  Appendix  I.)  It 
is  a  simple  statement  of  the  inherent  rights  of  the  people, 
which  they  had  never  surrendered,  together  with  a  plain 
narration  of  the  wrongs  which  had  compelled  their  act. 
It  is  a  concise  exposition  of  the  true  principles  of  govern- 
ment, and  has  been  through  the  existence  of  the  Union 
a  great  and  powerful  factor  in  the  maintenance  of  a  pure 
national  life. 


DATES    OF    PRINCIPAL    EVENTS    IN    THE    GROWTH 
OF    AMERICAN    INDEPENDENCE. 

1645-63   Navigation  Acts. 

1760    George  III.  crowned. 

1761-64   Writs  of  Assistance. 

1763    Peace  of  Paris. 

1765    Stamp  Act. 

1765    Act  for  the  Quartering  of  Troops. 

1765  Colonial  Congress. 

1766  Repeal  of  Stamp  Act. 

1766  Declaratory  Act. 

1767  Townshcud  Revenue  Acts. 
1770    (March  5)  Boston  Massacre. 

1770  Repeal  of  Townshend  Duties,  except  on  Tea, 

1773  (December  16)  Boston  Tea  Party^^ 

1774  (September  5)  First  Continental  Congress. 

1775  (Apinl  19)  Battle  of  Lexington. 

1775  (May  10)  Second  Continental  Congress. 

1776  (July  4)  Declaration  of  Independence. 


CHAPTER  HI. 

THE    REVOLUTIONARY    GOVERNMENT. 
May  10,  1775,  to  March  1,  1781. 

The  Revolutionary  Government  of  Congress. — A  revolu- 
tionary government  is  one  formed  to  carry  out  the  will 
of  those  who  claim  the  sovereignt}"  of  a  nation  in  oppo- 
sition to  those  who  possess  it.  Such  a  government  usually 
assumes  an  authority  not  delegated  to  it,  but  acts  in  the 
interests  of  those  whom  it  represents,  as  necessity  re- 
quires. This  was  the  character  of  the  government  estab- 
lished by  the  Second  Continental  Congress.  Its  sole  ob- 
ject w^as  resistance  to  the  tyrannical  measures  of  the 
British  Crown.  To  accomplish  this,  it  created  commit- 
tees upon  military  and  Indian  affairs  and  foreign  relations, 
established  a  general  treasury,  appointed  "Washington 
commander-in-chief  of  the  Continental  Army,  recom- 
mended to  the  colonial  governments  a  uniform  system  of 
militia  and  provided  for  a  continental  postal  service.  To 
furnish  revenue,  paper  mone}^,  known  as  "  Continental 
Currency,"  was  issujsd;  for  the  large  sums  necessary  to 
carry  on  the  war  could  not  be  borrowed  at  home  and 
a  foreign  loan  had  not  as  yet  been  proposed. 

Articles  of  Confederation.— But  the  Congress  saw  that 
its  government  w^as  revolutionary  and  inadequate  to  meet 
the  obligations  which  belong  to  sovereign  states.     There- 


THE  EEVOLUTIONARY  GOVERNMENT     33 

fore,  on  the  same  day  that  the  committee  was  appointed 
to  draft  the  Declaration  of  Independence,  another  was 
selected,  with  Samuel  Adams  as  its  chairman,  "  to  pre- 
pare and  digest  the  form  of  a  confederation  to  be  entered 
into  between  these  colonies. ' '  This  committee  made  its 
report  on  July  12,  1TT6,  but  it  was  not  until  jSTovem- 
ber,  lYTT,  that  a  form  of  government  was  agreed 
upon.  Further  delay  was  occasioned  by  the  examination 
of  the  proposed  plan  by  the  state  governments,  and  it 
was  not  until  July  9,  1778,  that  the  Articles  of  Confeder- 
ation were  formally  adopted.  Then  they  were  signed  by 
the  delegates  of  eight  States — New  Hampshire,  Rhode 
Island,  Massachusetts,  Connecticut,  Pennsylvania,  jSTew 
York,  Virginia  and  South  Carolina.  The  North  Caro- 
lina delegates  signed  on  the  21st,  and  three  days  later, 
those  from  Georgia.  New  Jersey  ratified  November  26, 
1778  ;  Delaware,  May  5,  1779  ;  and  Mar^dand,  March  1, 
1781. 

Land  Claims  Delay  Ratification. — The  cause  of  the  de- 
lay on  the  part  of  Ne\v  Jersey,  Delaware  and  Maryland 
grew  out  of  a  state  of  alTairs  which  became  of  the  great- 
est moment  to  the  future  history  of  government  in  the 
United  States.  Along  the  western  frontier  of  the  States 
lay  great  tracts  of  unoccupied  lands.  On  the  separation 
of  the  colonies  from  England,  the  States  whose  charters 
had  extended  their  territory  indefinitely  west  claimed, 
as  the  successor  of  the  British  Crown,  the  sovereignty  of 
these  vacant  lands  as  far  as  the  Mississippi  River. 
Against  these  claims  Maryland  in  particular  vigorously 
protested,  refusing  to  enter  the  Confederacy  unless  the 
sovereignty  over  these  lands  was  made  general,  and  de- 


34  RISE  OF  AMERICAN  INSTITUTIONS 

daring  tliat  if  independence  was  secured  it  would  be  "by 
the  efforts  of  all  the  States,  and,  therefore,  this  territory 
should  become  the  common  property  of  the  Confederacy. 
New  York's  Action. — Affairs  were  in  this  condition 
when  New  York,  in  September,  1780,  ceded  to  the  Con- 
federacy all  its  claims  to  the  lands  lying  westward  of  its 
present  boundary.  Induced  by  the  sacrifice  of  New 
York,  and  fearing  that  England  would  be  encouraged  by 
the  apparent  dissensions  among  the  States,  the  Maryland 
Legislature  ratified  the  Articles  in  January,  1781,  and  in 
the  same  month  Virginia  ceded  to  the  Confederacy  all 
her  claims  to  any  part  of  the  lands  which  are  knoAvn  as 
"  The  North-West  Territory."  The  formal  act  of  sub- 
scribing to  the  Articles  by  the  Maryland  delegates  in 
Congress  occurred  March  1,  1781,  and  the  following  day 
the  Congress  assembled  under  tlie  Confederation. 


DATES     OF     PRINCIPAL     EVENTS     RELATING    TO 
ARTICLES     OF     CONFEDERATION. 

1776  June    11,  Committee  appointed  on  Plan  of  Government. 
July    12,  First  Report  of  Committee. 

Aug.    20,  Second  Report  of  Committee. 

1777  Nov.    17,  Circular  Letter  sent  to  States. 

1778  July      9,  Articles  of  Confederation  signed  by  New  Hamp- 

shire, Rhode  Island,  Massachusetts,  Connecti- 
cut, Pennsylvania,  New  York,  Virginia  and 
South  Carolina. 

July    21,  Articles  signed  by  North  Carolina. 

July    24,         "  "        "   Georgia. 

Nov.    26,         "  "        "   New  Jersey. 

1779  May      5,         "  "        "   Delaware. 
1781   March   1,         "  "        "   Maryland. 

March  2,  Congress  meets  under  Articles. 


CHAPTER  lY. 

OUTLINE    OF   THE    ARTICLES    OF    CONFEDERATION. 

1.  Form  and  Purposes  of  the  Union. — The  form  of  the 
union  was  a  confederacy,  in  which  each  State  retained  its 
sovereignty  and  every  power  not  expressly  delegated  to 
the  United  States.  The  purposes  of  the  Union  were  the 
common  defense,  the  security  of  liberty  and  mutual  and 
general  welfare. 

2.  The  System  of  Government  Established. — All  the 
functions  of  government  were  to  be  exercised  by  a  Con- 
gress of  delegates,  each  State  being  represented  by  not 
more  than  seven  or  less  than  two  (delegates)  appointed 
annually;  but  in  the  proceedings  of  the  Congress  each 
State  could  cast  only  one  vote,  regardless  of  the  nund^er 
of  its  delegates.  There  was  no  provision  for  executive 
and  judicial  branches  apart  from  the  legislative. 

During  a  recess  of  Congress,  which  could  not  exceed 
six  months,  "The  Committee  of  the  States,"  consisting 
of  one  delegate  from  each  State,  was  empowered  to  exer- 
cise certain  of  the  powers  of  Congress,  but  no  power 
which  required  the  assent  of  nine  States  could  be  so 
exercised. 

3.  The  Powers  of  the  Government. — The  most  impor- 
tant legislative  powers  were  to  declare  war,  appropriate 
money,  borrow  money  and  issue  bills  of  credit,  agree  on 


36  RISE  OF  AMERICAN  INSTITUTIONS 

the  number  of  land  forces  and  make  requisition  upon  each 
State  for  its  proportion,  determine  the  number  of  naval 
forces,  and  build  and  equip  a  navy.  These  powers  could 
only  be  exercised  by  the  assent  of  nine  States.  Besides 
the  foregoing,  the  Congress,  l^y  a  majority  of  the  States, 
could  make  peace,  establish  rules  concerning  captures  on 
land  and  sea,  regulate  coinage,  fix  a  standard  of  Aveights 
and  measures,  make  rules  for  the  government  of  the  army 
and  navy,  ascertain  the  money  necessary  for  public  ex- 
penses and  apportion  among  the  States  the  amounts 
which  they  must  pay  into  the  common  treasury. 

The  most  important  executive  powers  of  Congress  were 
to  appoint  a  commander-in-chief  of  the  army  and  to  enter 
into  treaties  with  foreign  nations,  provided  no  treaty  of 
conmierce  should  interfere  Avith  the  right  of  each  State 
to  fix  duties  and  imposts  ;  and  to  exercise  these  powers 
the  assent  of  nine  States  was  required.  Congress  could 
also,  by  a  majority  of  the  States,  send  and  receive  am- 
bassadors, establish  post-offices  and  exact  postage,  ap- 
point civil  officers  and  officers  of  the  army  and  navy 
except  regimental  officers,  direct  the  operations  of  the 
army  and  navy,  and  organize  and  conduct  the  common 
treasury  of  the  Confederacy. 

The  powers  of  the  Congress  relating  to  judicial  matters 
were  limited  to  the  establishment  of  courts  for  the  trial 
of  piracy  and  felonies  committed  upon  the  high  seas  and 
to  the  determination  of  questions  of  boundary  and  juris- 
diction between  two  or  more  States. 

4.  Restrictions  upon  the  Government. — Besides  the  limi- 
tation of  the  government  to  those  powers  conferred  upon 
it  by  the  Articles,  Congress  was  prohibited  from  granting 


OUTLINE   OF   ARTICLES  OF  CONFEDERATION     37 

any  titles  of  nobility,  and  its  officers  were  forbidden  to 
receive  a  reward,  office  or  title  from  a  foreign  ruler  or 
state. 

5.  The  Restrictions  upon  and  Requirements  of  the  States. 
— Without  the  consent  of  the  United  States  no  State 
could  send  or  receive  ambassadors  or  enter  into  any 
agreement  or  treaty  with  a  foreign  state,  lay  any  imposts 
or  duties  Avhich  would  interfere  with  any  treaty  previ- 
ously made  by  the  United  States,  have  land  or  naval 
forces  in  time  of  peace,  engage  in  war  unless  actually  in- 
vaded or  to  prevent  an  Indian  outln-eak,  and  grant  letters 
of  marque  and  reprisal  except  after  a  declaration  of  war 
by  the  United  States  or  when  a  State  was  infested  by 
pirates. 

Each  State  was  required  to  grant  to  the  people  of  every 
other  State  the  same  privileges  as  those  possessed  by  its 
OAvn,  to  surrender  fugitives  from  justice  upon  proper  re- 
quisition, to  give  full  faith  and  credit  to  the  records,  acts 
and  judicial  proceedings  of  the  other  States,  to  levy  and 
collect  the  taxes  apportioned  to  it  by  the  Congress  for 
the  purposes  of  the  union  and  pay  the  same  into  the 
common  treasury. 

6.  Other  Provisions. — The  Articles  also  provided  for 
the  admission  of  Canada  into  the  Union,  pledged  the 
public  faith  to  the  payment  of  money  borrowed  and  debts 
contracted  by  the  revolutionary  government,  declared 
that  the  union  so  formed  should  be  perpetual  and  that 
the  Articles  coidd  only  be  amended  by  an  agreement  of 
the  Congress  and  the  confirmation  of  the  amendment  by 
the  legislature  of  every  State. 


4:ti341:r 


38 


EISE  OF   AMERICAN   INSTITUTIONS 


Legislative 


Executive 


Judicial 


ANALYSIS    OF    ARTICLES    OF    CONFEDERATION. 

Powers  of  Congress  requiring  the  assent  of  9  States,  and 
which  could  not  he  exercised  by  the  Committee  of  States. 

Declare  war. 

Appropriate  |  ^ 

Borrow  J 

Organize  army  and  navy. 

Make  treaties. 

Appoint  commander-in-chief. 
r  Organize  admiralty  courts. 
1  Determine  boundaries  between  States. 

yov/ers  of  Congress  requiring  the  assent  of  7  States,  which 
coidd  be  exercised  by  Committee  of  States  when  Con- 
gress was  not  in  session. 


Legislative       \ 


Executive 


Make  peace. 

Make  rules  as  to  captures. 

Regulate  coinage,  weights  and  measures. 

Pass  military  laws. 

Estimate  expenses. 

Determine  method  of  land  valuation. 

Send  and  receive  ambassadors. 

Control  the  postal  service. 

Appoint  otficers  of  the  army  ai.d  navy. 

Direct  military  operations. 

Conduct  the  common  treasury. 


Restrictions 


Limitations  on  States. 

Send  or  receive  embassies. 
Make  treaties. 

Lay  imposts  or  duties  contrary  to  treaty. 
Have  an  army  in  times  of  peace. 
Engage  in  war. 

Grant  letters  of  marque  in  times  of  peace. 
Grant  equal  rights  to  citizens  of  other  States. 
Surrender  fugitives  of  justice  from  other  States 
Requirements  -i  Recognize  records  of  other  States. 
Keep  a  disciplined  militia. 
Levy  and  collect  proportion  of  taxes. 


CHAPTER  Y. 

■ 

THE    GOVERNMENT    UNDER    THE    ARTICLES    OF 
CONFEDERATION. 

March  2,  1781,  to  March  4,  1789. 

Condition  at  Close  of  War. — The  independence  of 
America  having  been  recognized  in  1783,  the  inefficiency 
of  the  government  became  evident  to  the  statesmen  of 
the  Confederacy.  The  greatest  weakness  lay  in  the  fact 
that  the  functions  of  government  were  not  performed  by 
separate  branches,  Ijut  were  all  vested  in  the  Congress, 
which,  while  it  possessed  sufficient  legislative  powers, 
had  not  the  executive  power  to  put  them  into  effect.  It 
could  declare  war,  but  possessed  no  means  to  carry  it  on  ; 
it  could  make  peace,  but  could  not  compel  the  States  to 
comply  with  the  terms  ;  it  could  appropriate  money,  but 
had  no  power  to  levy  and  collect  taxes  ;  and,  finally, 
there  was  no  provision  for  the  control  of  the  "  Xorth- 
West  Territory  "  or  for  the  regulation  of  commerce. 

Attempts  to  Correct  Articles.— Ini mediately  upon  the 
termination  of  the  war,  attempts  were  made  to  rectify 
the  faults  of  the  Articles;  but  these  were  futile,  as  each 
State  turned  to  the  advancement  of  its  local  interests  and 
opposed  any  agreement  to  surrender,  for  the  benefit  of 
all,  any  rights  which  it  possessed.  The  Confederacy  was 
gradually  disintegrating — the  States  drawing  apart  from 


40  RISE  OF  AMERICAN  INSTITUTIONS 

each  other.  There  were  rumors  of  a  division  into  two  or 
more  confederacies,  and  even  a  monarchy  was  suggested. 

The  Public  Lands.— One  thing,  however,  tended  to  hold 
tlie  Union  together — the  ownership  of  the  public  lands. 
Any  State  withdrawing  from  the  Confederacy  would  lose 
its  interest  in  the  Western  Territor}",  whose  great  resources 
were  then  beginning  to  be  realized.  Besides  this,  Con- 
gress in  its  struggle  to  maintain  the  credit  of  the  nation 
had  sold  portions  of  this  land  to  meet  the  public  debt. 

Commerce. — The  recognized  necessity  of  uniform  com' 
mercial  relations  was,  however,  the  immediate  cause  of 
the  strengthening  of  the  union.  The  lack  of  power  in 
Congress  to  regulate  trade  had  left  the  States  to  act  sepa- 
rately in  this  important  matter.  The  result  was  a  great 
variance  in  the  laws,  and  commerce  became  so  demoral- 
ized that  the  Virginia  Legislature  called  upon  the  other 
States  to  send  delegates  to  a  convention  at  Annapolis  in 
September,  1786,  to  see  if  some  plan  could  not  be  devised 
for  the  establishment  of  a  uniform  system  of  trade  regu- 
lations among  all  the  States. 

Annapolis  Convention. — At  the  convention  which  met 
in  response  to  this  appeal,  delegates  from  only  five  States 
were  in  attendance,  and  the  object  for  which  it  was  called 
was  not  attained.  But  the  discussions  which  were  held 
disclosed  the  fact  that  the  weakness  of  the  government 
was  generally  recognized,  and  led  to  a  resolution  sug- 
gesting a  convention  of  delegates  from  all  the  States  "  to 
devise  such  further  provisions  as  might  appear  necessary 
to  render  the  constitution  of  the  Federal  Government 
adequate  to  the  exigencies  of  the  Union." 

Constitutional    Convention. — After    considerable    dela}^ 


GOVERNMENT  OF  THE  CONFEDERACY  41 

Congress  adopted  tlie  suggestion  and  issued  a  call  to  the 
States  to  send  delegates  to  a  convention  to  meet  at  Phila- 
delphia, May  14,  ITSj].  It  was  not,  however,  until  the 
end  of  May  that  the  convention  was  formally  opened, 
but  from  that  time  the  delegates  from  the  twelve  States 
represented  (Rhode  Island  having  failed  to  send  a  delega- 
tion) were  in  continuous  session  until  September  17,  1787, 
when  they  completed  the  scheme  of  government  which 
is  known  as  the  Constitution  of  the  United  States. 


CHAPTER  YI. 

THE    STATE    GOVERNMENTS. 

Colonial  Governments;  Provincial. — Colonial  govern- 
ments are  usually  divided  into  three  classes:  Provincial 
(Royal  or  Crown),  Proprietary  and  Charter.  'New  Hamp- 
shire,  New  York,  New  Jersey.  Yirginia,  the  Carolinas  and 
Georgia  had  Provincial  Governments.  They  possessed 
no  charters  or  grants,  but  were  under  the  control  of  royal 
governors,  whose  only  limitations  were  their  commissions 
and  the  w^ill  of  the  crown,  who  appointed  and  removed 
them  at  pleasure.  There  was  also  a  council  appointed  by 
the  crown  or  governor,  which  aided  the  governor  in  his 
duties  and  formed  the  upper  house  of  the  colonial  legis- 
lature. The  governor  w^as  also  authorized  to  summon  an 
assembly,  chosen  by  the  people  of  the  colony,  which 
formed  the  lower  house  of  the  legislature.  These  two 
legislative  houses  had  the  right  to  make  laws  concerning 
local  matters,  but  their  acts  could  be  vetoed  by  the  gov- 
ernor and  annulled  by  the  crown.  The  governor,  as  the 
royal  representative,  possessed  exceptional  powers.  He 
could  remove  members  of  the  council  and  prorogue,  or 
dissolve,  the  assembly  and  order  another  election. 

Proprietary, — Maryland,  Pennsylvania  and  Delaware 
had  Proprietary  Governments  ;  that  is,  the  rights  of  local 
government  Avere  granted  by  the  crown  to  a  certain  indi- 


THE  STATE  GOVERNMENTS  43 

vidual  termed  the  "  proprietary  "or  "  lord  proprietary." 
The  form  of  government  was  similar  to  that  of  the  royal 
colonies.  The  proprietary  either  appointed  a  governor 
or  acted  in  that  capacity  himself,  selected  a  council  and 
authorized  the  assembling  of  representatives  for  local  leg- 
islation. In  Maryland  the  acts  of  the  proprietary  gov- 
ernment were  not  subject  to  royal  approval  ;  but  over 
those  of  Pennsylvania  and  Delaware  the  crown  possessed 
a  veto  power. 

Charter. — The  Charter  Governments  comprised  Massa- 
chusetts,  Connecticut  and  Ehode  Island.  The  charters, 
which  were  granted  by  the  crown,  were,  in  fact,  Avritten 
constitutions,  which  the  sovereign  Avas  bound  to  respect, 
and  established  a  form  of  government  similar  in  many 
respects  to  the  two  classes  already  described.  In  Massa- 
chusetts the  governor  was  appointed  by  the  croAvn,  but 
the  people  were  represented  by  an  assembly  chosen  by 
them,  and  their  representatives  had  the  privilege  of 
selecting  the  governor's  council.  The  people  of  Con- 
necticut and  Rhode  Island  possessed  the  same  rights  as 
those  of  Massachusetts,  with  the  further  privilege  of  elect- 
ing their  own  governors.  In  fact,  thev  were  true  repub- 
lics, with  Avhose  local  government  the  English  sovereign 
could  not  legally  interfere. 

Change  to  State  Governments. — With  tlie  opening  of  the 
War  for  Independence  all  the  colonies  except  Rhode 
Island  and  Connecticut  organized  provisional  govern- 
ments similar  to  those  with  which  thev  were  familiar, 
substituting  elections  by  the  people  in  place  of  appoint- 
ments by  the  crown  or  the  lord  proprietar3\ 

Character  of  the  New  Governments. — As  a  consequence 


44  RISE  OF  AMERICAN   INSTITUTIONS 

4 

of  the  hatred  which  had  been  engendered  against  the 
royal  governors  during  the  period  immediately  preceding 
the  Avar,  the  powers  of  the  chief  executive  in  the  new 
governments  were  much  more  limited  than  under  the 
colonial  governments.  There  was  such  strong  opposition 
to  the  idea  of  a  single  executive  that  at  first  in  Pennsyl- 
vania, Delaware,  ]^ew  Hampshire  and  Massachusetts  a 
council  was  substituted  in  place  of  a  governor,  and  it  was 
not  until  1792  that  Delaware  recognized  that  a  governor 
elected  by  the  people  was  not  a  menace  to  liberty.  The 
assembly  of  representatives,  chosen  by  the  people,  which 
was  found  in  every  colony,  was  retained  without  change, 
as  it  was  clearly  republican  in  character.  The  governor's 
council  became  the  senate,  elected  by  the  people  or  by 
their  representatives,  but  to  which  no  one  could  be  chosen 
unless  he  possessed  certain  qualifications.  At  first,  in 
Pennsylvania  and  Georgia  the  entire  legislative  power 
Avas  vested  in  the  assembly,  but  later  these  States  adopted 
the  dual  form  of  legislature. 

The  English  System  the  Model. — These  State  govern- 
ments were  in  their  general  form  modeled  after  the  Eng- 
lish system,  as  it  Avas  understood  by  the  colonists.  Tlie 
governor  resembled  the  English  ruler.  The  ujjper  house 
of  the  legislature,  like  the  House  of  Lords,  Avas  supposed 
to  represent  the  land  OAvners  and  Avealthy  colonists,  as 
the  "  Lords  "  represented  the  English  nobility.  The 
loAA^er  house,  like  the  Llouse  of  Commons,  Avas  composed 
of  representatives  of  all  classes,  Avithout  distinction  as  to 
rank  or  social  position.  There  Avas  this  difference,  hoAV- 
ever,  betAveen  the  two  systems.  In  England  the  King 
and  the  "  Lords  "  Avere  hereditary,  and  the  "  Commons  " 


THE  STATE  GOVERNMENTS  45 

only  were  chosen  by  the  people,  while  in  the  States  all 
officers  Avere  selected  by  popular  vote  ;  in  England  the 
sovereififntv  was  in  the  monarch,  while  in  America  it  was 
in  the  people. 


ANALYSIS    OF   COLONIAL   GOVERNMENTS. 

Provincial  (New  Hampsliii^e,  New  York,  New  Jersey,  Virginia, 
the  Carolinas  and  Georgia). 

r  Crown 
Council  appointed  by  <       or 

I  Governor. 
Assembly  chosen  by  Colonists. 
Veto  by  Governor. 
.  Veto  by  Crown. 
Executive  :  Governor  appointed  by  the  Crown. 
Judicial :  Judges  appointed  by  the  Crown. 


Legislative 


Proprietary  (Maryland,  Pennsylvania  and  Delaware). 

r  Council  appointed  by  Lord  Proprietary. 
Legislative  I  Assembly  chosen  by  Colonists. 

I  Veto  by  Governor  and  in  some  cases  by  Crown 

r  Lord  Proprietaiy 
Executive    I  or 

I  Governor  appointed  by  Lord  Proprietarj-- 
Judicial :  Judges  appointed  by  Lord  Proprietary. 

Ciiarter  (Massachusetts,  Connecticut  and  Rhode  Island). 

r  Council  selected  by  Representatives. 
Legislative  \  Assembly  chosen  by  Colonists. 
• — ■ I  Veto  by  Governor. 

r  Appointed  by  Crown 
Executive :  Governor  \  or 

^ .  I  Selected  by  Colonists. 

[-  Appointed  by  Crown 
Judicial :    '  Judges       I  or 

'.  Selected  by  Colonists. 


CHAPTEE  YII. 

THE  CONSTITUTIONAL  CONVENTION. 

Prominent  Delegates. — Of  the  fifty-five  delegates  who 
took  part  in  tlie  Constitutional  Convention,  three  are 
particularly  worthy  of  mention.  These  are  Georo:e  Wash- 
ington,  James  Madison  and  Alexander  Hamilton. 

Washington. — On  the  organization  of  the  Convention, 
"Washington  was  unanimously  chosen  president.  His 
difficulties  as  commander-in-chief  and  the  progress  of 
events  since  1783  had  convinced  him  that  some  decisive 
action  was  necessary  to  preserve  the  Union.  His  views 
as  to  the  necessary  steps  were  general  ;  he  left  the  detail 
to  others.  But  he  possessed  a  profound  comprehension 
in  applying  governmental  principles  to  present  needs, 
while  his  experience  daring  the  war  had  broadened  his 
views,  so  that  they  were  national  rather  than  local.  In 
fact,  he  seemed  to  belong  to  all  the  States,  and  not  to 
Yirginia  alone,  and  throughout  the  deliberations  at  Phila- 
delphia he  sought  the  general  good  rather  than  the  ad- 
vancement of  the  interests  of  his  own  State. 

Madison. — The  most  active  delegate  was  James  Madison, 
then  thirty-six  years  of  age.  He  had  served  his  State  in 
Congress  and  had  been  prominent  in  the  legislature.  It 
was  Madison  who  conceived  the  idea  that  distinct  national 
and  state  sovereignties  might  exist  in  one  system  of  gov- 


THE  CONSTITUTIONAL  CONVENTION  47 

ernment  and  be  applied  to  the  same  individuals  ;  and  it  was 
his  draft  of  a  scheme  of  government,  known  as  the  ' '  Yir- 
ginia  Plan,"  which  became  the  basis  for  our  present  Con- 
stitution. During  the  sessions  Madison  not  only  spoke 
on  every  important  question,  but  kept  full  notes,  which 
are  our  chief  source  of  knowledge  of  the  proceedings  of 
the  Convention. 

Hamilton. — ^Equally  prominent  with  Madison  w^as  Alex- 
ander Hamilton,  then  thirty  years  old.  He  had  been 
a  member  of  Congress  and  a  delegate  to  the  Annapolis 
Convention.  His  influence  upon  the  Convention  was 
marked,  for  it  was  through  his  efforts  that  the  national 
government  obtained  a  large  part  of  the  power  with 
which  it  was  clothed  by  the  Constitution.  His  strength 
lay  in  his  great  knowledge  of  the  principles  of  govern- 
ment, his  power  to  apply  them,  and  his  ability  to  present 
his  opinions  in  a  clear  and  convincing  manner. 

Franklin. — Of  almost  equal  influence  was  Benjamin 
Franklin,  then  in  his  eighty-second  year.  His  knoAvl- 
edge  of  public  affairs  extended  over  half  a  century,  and 
he  had  represented  the  colonies  and  States  in  foreign 
countries  for  twenty-five  years.  This  experience  gave  to 
his  utterances  a  weight  which  their  brevity  and  common- 
sense  enhanced.  He  was  the  peacemaker  of  the  Conven- 
tion. When  debates  became  bitter  or  too  personal,  it 
was  Franklin  who  by  his  wit  and  tact  restored  the  dele- 
gates to  good  humor.  AYhen  the  Constitution  was  drafted 
in  its  final  form,  it  was  Franklin  who  moved  its  adoption, 
using  in  part  the  following  words,  which  breathe  the 
loftiest  patriotism : 

The  opinion  I  have  had  of  its  errors,  I  sacrifice  to  the  public 


48  RISE  OF  AMERICAN  INSTITUTIONS 

good.  Within  these  walls  they  were  born,  and  here  they  shall 
die.  If  every  one  of  us,  in  returning  to  our  constituents,  were  to 
report  the  objections  he  had  to  it  .  .  .  we  might  prevent  its 
benig  generally  received,  and  thereby  lose  all  tlie  salutary  effects 
and  great  advantages  i*esulting  naturally  in  our  favor  among 
foreign  nations  as  well  as  among  ourselves  from  our  real  or 
apparent  unanimity.  ...  I  hope,  therefore,  that  for  our  own 
sakes  as  a  part  of  the  people,  and  for  the  sake  of  posteritj',  we 
shall  act  heartily  and  unanimously  in  recommending  this  Con- 
stitution .  .  .  wherever  our  influence  may  extend,  and  turn 
our  future  thoughts  and  endeavors  to  the  means  of  having  it  well 
administered. 

Other  Statesmen  Present. — Among  the  other  prominent 
delegates  was  James  Wilson  of  Pennsylvania,  a  signer  of 
the  Declaration  of  Independence  and  the  great  apostle  of 
representative  government.  He  was  one  of  the  leading 
American  lawyers  of  his  day,  and  his  speeches  in  favor 
of  the  Constitution  present  the  advantages  of  popular 
representation  in  the  strongest  light.  There  were  also 
present  Gouverneur  Morris,  to  whose  pen  we  are  indebted 
for  the  clear  and  concise  style  of  the  Constitution, 
Charles  Cotesworth  Pinckney  of  South  Carolina,  Rufus 
King  and  Elbridge  Gerry  of  Massachusetts,  and  Roger 
Sherman  of  Connecticut. 

Statesmen  Absent. — Conspicuously  absent  from  the  Con- 
vention were  Thomas  Jefferson,  at  that  time  representing 
the  Confederacy  in  Europe,  and  John  Jay,  then  Secre- 
tary of  Foreign  Affairs.  John  Hancock  and  John  Adams 
were  not  delegates,  and  Samuel  Adams  and  Patrick  Henry 
were  opposed  to  any  change  in  the  existing  government. 

Systems  of  Government  Discussed. — Three  forms  of  re- 
publican government  were  discussed  in  the  Convention: 
namely,  the  National,  which  placed  the  power  in  the 


THE  CONSTITUTIONAL  CONVENTION  49 

hands  of  a  central  government  and  substantially  did  away 
with  State  lines  except  for  the  purposes  of  governing  ; 
the  Confederate  or  Federal,  which  was  similar  to  that 
instituted  by  the  Articles  of  Confederation  ;  and  a  third 
form,  a  compromise  between  the  others,  which  placed  the 
power  in  all  national  matters  in  a  central  government, 
and  left  the  local  matters  of  each  State  to  the  exercise  of 
its  own  sovereignty.  Under  the  latter  plan  both  the 
general  and  State  governments  dealt,  in  their  separate 
capacities,  with  the  individual. 

Plans  Proposed. — At  the  very  outset,  two  plans  were 
presented  to  the  Convention.  One  of  these,  based  upon 
the  national  idea,  was  prepared  by  Madison,  and  was 
known  as  the  "  Virginia  Plan."  The  other,  based  upon 
the  confederate  or  federal*  principle,  was  the  work  of 
Charles  Cotes  worth  Pinckney.  On  June  13  the  com- 
mittee to  which  tliese  plans  had  lieen  referred  reported 
favorably  on  tlie  "Virginia  Plan."  Then  the  ISTew 
Jersey  delegates  submitted  what  is  known  as  the  "  New 
Jersey  Plan,"  which  proposed  a  government  similar  in 
many  respects  to  that  of  the  Confederacy.  The  larger 
States  favored  the  "  Virginia  Plan,"  which  based  a 
State's  representation  in  the  central  government  upon 
the  number  of  its  inhabitants,  and  gave  the  national  leg- 

*  Use  of  the  Word  "  Federal." — With  the  adoption  of  the  Constitu- 
tion the  word  "  federal  "  became  generally  applied  to  the  system  of 
government  thereby  established,  while  the  system  based  upon  a 
league  between  independent  States  was  termed  a  "confederacy." 
Thus  the  word  "  fed(>ral  "  was  applied  to  the  party  which  aimed  at 
the  adoption  of  the  Constitution;  and  during  the  late  civil  war  the 
same  term  was  used  to  designate  the  Union  forces,  while  the  word 
*'  confederate  "  was  applied  to  the  armies  of  the  seceding  States. 


50  RISE  OF  AMERICAN   INSTITUTIONS 

islatiife  the  power  of  veto  over  state  legislation  ;  while 
the  smaller  States  supported  the  "  !New  Jersey  Plan," 
which  gave  to  each  State  an  equal  voice  in  the  general 
government.  Both  plans  differed  radically  from  the 
Articles  of  Confederation,  in  that  the  three  branches  of 
government — the  executive,  legislative  and  judicial — • 
which  in  the  Confederacy  had  all  been  joined  in  the  Con- 
gress, were  separate  and  distinct. 

Virginia  Plan  Adopted. — The  general  outline  of  the 
"  Virginia  Plan  "  was  adopted,  and  the  Convention  pro- 
ceeded to  take  up  the  different  subjects  in  detail  and  to 
harmonize  the  antagonisms  among  the  various  factions. 
It  was  during  these  discussions  that  the  patience  and 
patriotism  of  the  delegates  were  often  taxed  to  the 
utmost,  and  it  was  only  through  concessions  by  all  that 
their  labors  were  in  the  end  successful. 

Constitution  Submitted  to  the  States. — The  completed 
Constitution,  a  mass  of  compromises,  was  then  submitted 
to  the  States  for  adoption.  Conventions  were  called  and 
a  period  of  the  most  intense  excitement  followed.  The 
work  was  attacked  on  all  sides.  The  conservative  ele- 
ment in  the  different  States  strenuously  opposed  the  new 
form  of  government.  They  saw  the  power  of  the  States 
diminished,  and  in  their  stead  a  central  government 
established,  wdiich  they  believed  to  be  so  strong  as  to 
endanger  state  and  personal  liberty.  Objections  were 
made  to  the  Executive,  to  Senators  and  Representatives 
voting  as  individuals,  to  an  oath  of  allegiance  to  the 
general  government,  and  particularly  to  the  absence  of  a 
Bill  of  Eights.  The  delegates  were  also  made  the  object 
of  attacks  and  their  motives  were  questioned. 


THE  CONSTITUTIONAL  CONVENTION  51 

"  The  Federalist." — It  was  in  meeting  and  answering 
these  objections  that  Hamilton,  assisted  by  Madison  and 
Jay,  was  most  active,  and  exerted  a  powerful  influence  in 
obtaining  the  ratification  of  the  Constitution.  Their 
replies  and  arguments,  published  in  a  series  of  papers 
known  as  "  The  Federalist,"  and  which  is  still  considered 
among  the  most  learned  and  valuable  treatises  upon  the 
Constitution,  silenced  all  attacks  and  convinced  the  peo- 
ple of  the  benefits  of  the  proposed  change.  And  after 
prolonged  discussions,  and  even  riots  and  violence,  the 
conventions  met,  the  work  was  ratified  *  and  the  estab- 
lished Constitution  went  into  effect  March  4,  1789. 

A  list  of  the  delegates  is  placed  in  Appendix  II. 

*  The  States  ratified  the  Constitution  in  the  following  order  :  Delaware, 
December  7,  1787;  Pennsylvania,  December  12,  1787;  New  Jei-sey, 
December  18,  1787;  Georgia,  January  2,  1788;  Connecticut,.  January  9, 
1788;  Massachusetts,  February  G,  1788;  :Maryland,  April  28,  1788;  South 
Carolina,  May  23,  1788;  New  Hampshire,  June  21,  1788;  Virginia,  Juno 
26,  1788;  New  York,  July  26,  1788;  North  Carolina,  November  21,  1789, 
and  Khode  Island,  May  29,  1790. 


PARt  TtHUB. 
The  federal   government. 

chapter  i. 

THE    PREAMBLE. 

Many  conflicting  opinions  exist  concerning  the  sources 
of  American  institutions.  One  extreme  view  is  that  of 
Sir  Henry  Maine,  who  says  that  the  "  Constitution  of  the 
United  States  is  a  modified  version  of  the  English  Con- 
stitution .  .  .  which  was  in  existence  between  1760 
and  1787."  In  other  words,  American  institutions  are  a 
mere  copy  of  those  of  the  England  of  that  period.  The 
other  extreme  is  expressed  by  Mr.  Gladstone — that  "it  is 
the  greatest  work  ever  struck  off  at  any  one  time  by  the 
mind  and  purpose  of  man."  That  is,  that  the  scheme  of 
government  as  set  forth  in  the  Constitution  is  wholly 
original  and  the  invention  of  the  members  of  the  Con- 
stitutional Convention.  Each  of  these  views  is  partially 
wrong.  The  Constitution  is  not  a  cop}^  nor  is  it  entirely 
original.  The  safer  statement  is  that  it  is  the  product  of 
the  experience  and  observation  of  the  people  in  their 
connection  with  England,  their  colonial  and  state  govern- 
ments, and  the  Confederacy  of  1781.  This  experience 
and  observation  had  impressed  upon  the  people  the  im- 
portance of  a  stable  union.      Its  advantages  had  been 


THE  PREAMBLE  53 

seen  during  the  colonial  period  under  the  distressing  cir- 
cumstance of  French  invasion  and  Indian  outbreak.  Its 
necessity  had  been  emphasized  during  the  struggles  of  the 
War  of  Independence.  Its  weakness  had  been  realized 
under  the  loose  league  of  the  Confederacy. 

During  the  war  the  purpose  to  win  independence  held 
the  States  together  ;  but  when  this  was  attained  and  the 
danger  of  foreign  aggression  had  been  removed,  sectional 
prejudices  and  local  interest  proved  stronger  than  the 
common  tie,  and  the  "  league  "  began  to  fall  apart.  The 
faults  of  the  Confederacy  were  apparent.  Washington 
called  them  to  the  attention  of  the  States  ;  and  Hamilton 
and  others,  foreseeing  the  danger  of  disintegration,  ear- 
nestly urged  the  establishment  of  a  stronger  government. 
It  was  to  correct  these  faults  and  save  the  Union  that  the 
Constitutional  Convention  had  been  called.  The  problem 
before  the  delegates  was  definite.  Their  task  Avas  to  de- 
vise such  provisions  as  should  ' '  appear  to  them  necessary 
to  render  the  .  .  .  T^ederal  Government  adequate  to 
the  exigencies  of  the  Union." 

AVith  the  single  exception  of  the  experiment  of  the 
Confederacy,  American  experience  had  been  limited  to 
governments  which  dealt  directly  with  the  individual. 
This  was  the  basis  of  government  in  England,  the  Col- 
onies and  the  States,  but  it  was  not  so  in  the  Confed- 
eracy. The  latter  dealt  only  with  States,  and  the 
chief  cause  of  its  failure  had  been  its  inability  to  control 
the  individual.  Fully  comprehending  this  defect,  the 
Convention  changed  the  basis  of  government  and  made 
authority  over  the  individual  the  fundamental  principle. 

Such  a  change  in  the  object  of  governmental  influence 


54  THE  FEDERAL   GOVERNMENT 

necessitated  a  corresponding  change  in  the  source  of  gov- 
ernmental authority,  for  it  was  a  principle  of  civil  liberty, 
developed  through  the  ages  by  the  constant  struggle 
against  arbitrary  rule,  that  governments  derive  "their 
just  powers  from  the  consent  of  the  governed."  This 
had  been  the  foundation  of  colonial  resistance  to  the 
tyrannical  acts  of  the  English  Ministry,  and  in  the  Dec- 
laration  of  Independence  it  had  been  prominently  asserted 
as  a  right  which  authorized  the  establishment  of  a  new 
nation.  The  principle  had  been  recognized  in  the  Con- 
federation, for  the  authority  of  the  central  government 
had  been  granted  by  the  States — the  governed. 

Under  the  Constitution  the  governed  were  no  longer 
the  States  ;  they  were  the  individuals  composing  the 
States.  "  The  People  of  the  United  States  "  must,  there- 
fore, be  the  source  of  power  ;  they  must  be  made  parties 
to  the  agreement  before  the  government  could  justly  ex- 
ercise authority  over  them  as  individuals  ;  their  consent 
would  make  possible  the  remedy  which  was  sought  ;  and 
this  attained,  perfect  union  was  assured. 

This  principle  became  the  controlling  idea  in  the  Con- 
vention. And  Avhen  by  their  solemn  act  the  people 
adopted  the  Constitution  and  became  parties  to  the 
national  compact,  a  government  was  established  which 
originated,  as  Daniel  Webster  declared,  "  entirely  Avith 
the  people  and  rests  on  no  other  foundation  than  their 
assent" — a  government  "of  the  people,  by  the  people 
and  for  the  people, ' '  a  government  of  a  union  which  the 
test  of  civil  war  has  proved  to  be  indivisible.  It  is  the 
announcement  of  this  principle  and  its  application  which 
is  contained  in  the  Preamble  of  the  Constitution.     For  it 


THE  PREAMBLE  55 

asserts  that  the  fundamental  law  and  the  government 
thereby  established  are  the  work  of  the  people,  and  that 
the  powers  conferred  were  not  delegated  by  sovereign 
States,  but  by  the  individuals  of  the  United  States,  and 
it  confidently  declares  the  purposes  of  the  governed  and 
the  benefits  which  would  result  in  these  memorable 
words: 

We,  the  people  of  the  United  States,  in  order  to  form  a  more 
perfect  union,  establish  justice,  insure  domestic  tranquillity,  pro- 
vide for  the  common  defense,  promote  the  general  welfare,  and 
secui'e  the  blessings  of  liberty  to  ourselves  and  our  posterity,  do 
ordain  and  establish  this  Constitution  for  the  United  States  of 
America. 


CHAPTER  II. 

THE    LEGISLATIVE    BRANCH. 
/.   CONQRESS. 

The  National  Legislature. — Among  the  first  decisions 
reached  in  the  Constitutional  Convention  was  the  division 
of  the  Government  into  three  branches — the  Legislative, 
Executive,  and  Judicial — and  it  was  provided  that: 

All  J^gislative^  powers  herein  granted  shall  be  vested  in  a 
Congress  of  the  United  States,  which  shall  consist  of  a  Senate 
and  House  of  Representatives.     (Art.  I,  Sec.  1.) 

Parliament. — At  the  time  of  the  Constitutional  Conven- 
tion the  English  legislature  Avas  a  parliament,  consisting 
of  two  "  houses  "  :  the  "  Lords  "  and  "  Commons. "  The 
House  of  Lords  ^vas  composed  of  men  theoretically  pos- 
sessing great  ability,  deriving  their  office  not  from  the 
people,  but  from  birth  or  appointment  by  the  crown,  and 
having  in  the  main  a  life  tenure.  Conservative,  digni- 
fied and  removed  from  popular  agitation  and  influence, 
it  was  a  preserver  of  traditions  and  an  opponent  to  the 
advancement  of  democratic  principles.  The  House  of 
Commons  was  composed  of  elective  representatives,  men 
of  the  people,  chosen  for  short  or  uncertain  periods,  and 
swayed  by  the  passions  of  their  constituents.  Radical, 
hasty,  influenced  by  popular  clamor,  it  was  antagonistic 


CONGRESS  57 

to  ancient  privileges  and  the  promoter  of  the  growing 
power  of  the  people. 

American  Legislatures. — In  the  several  States  there  pre- 
vailed practically  the  same  system,  but  under  the  Con- 
federation the  legislature  consisted  of  a  single  "  house." 
One  of  the  earliest  and  bitterest  contests  of  the  Conven- 
tion of  1787  arose  out  of  the  discussion  as  to  the  form  of 
the  national  legislature. 

The  Virginia  Plan. — The  "  Yirginia  Plan"  provided 
for  a  legislature  consisting  of  two  houses,  the  members  of 
the  lower  bod}^  to  be  elected  directly  by  the  people,  while 
those  of  the  upper  house  were  to  bo  chosen  by  the  lower 
house  from  persons  nominated  by  the  legislatures  of  the 
respective  States.  The  representation  in  both  houses  was 
to  be  proportionate  to  population  ;  and  upon  all  questions 
the  votes  of  the  individual  members  were  to  be  counted, 
a  practice  contrary  to  that  of  the  Continental  Congress 
and  the  Congress  of  the  Confederacy.  This  proposition 
was  opposed  by  the  smaller  States,  which  viewed  it  as  an 
attempt  to  give  the  control  of  national  affairs  to  the 
larger  States.  It  was,  in  fact,  a  plan  to  secure  represen- 
tation to  the  people  as  individuals  and  to  remedy  one  of 
the  defects  existing  under  the  Articles  of  Confederation. 

The  New  Jersey  Plan. — The  "  New  Jersey  Plan  "  pro- 
posed a  continuance  of  the  Congress  of  the  Confederacy. 
It  was  intended  to  preserve  the  full  power  and  influence 
of  each  State,  jealous  of  its  own  rights  and  envious  of  the 
growing  importance  of  its  neighbors. 

Connecticut  Compromise. — It  was  early  decided  that 
there  should  be  two  houses.  The  next  point  of  discussion 
was  the  basis  of  representation, — whether  the  unit  of  rep- 


58  THE  FEDERAL  GOVERNMENT 

resentation  should  be  the  State  or  the  individual.  A 
solution  was  presented  by  the  Connecticut  delegates,  who 
were  familiar  with  a  legislature  of  two  houses,  the  mem- 
bers of  which  were  chosen  in  different  ways.  They  pro- 
posed that  the  members  of  the  lower  house  should  be 
elected  by  the  people  in  proportion  to  the  population  of 
the  several  States — i.e.,  individual  representation  ;  while 
in  the  upper  house  each  State  should  have  an  equal  num- 
ber of  members — i.e.,  State  representation.  This  is 
known  as  the  "  Connecticut  Compromise." 
Representation. — It  w^as  finally  provided  that : 

The  House  of  Representatives  shall  be  composed  of  members 
chosen  every  second  year  by  the  people  of  the  several  States, 
.     .     .     (Art.  I.,  Sec.  2,  CI.  1.) 

The  Senate  of  the  United  States  shall  be  composed  of  two 
Senators  from  each  State,  chosen  by  the  legislatures  thereof,  for 
six  years  ;  and  each  Senator  shall  have  one  vote.  (Art.  I.,  Sec.  3, 
CI.  1.) 

Thus  there  w^as  an  apparent  copying  of  the  English 
system  in  the  establishment  of  a  Congress  which  resem- 
bled Parliament  in  having  two  houses,  the  members  of 
w^hich  differed  as  to  manner  of  election  and  term  of  office, 
and  only  one  of  which  houses  directly  represented  and 
was  responsible  to  the  people,  as  individuals.  And  yet 
this  copy  is  not  real,  for  in  England  the  House  of  Lords 
represents  a  class  of  society,  while  the  Senate  represents 
all  the  people  of  the  State  as  a  political  body. 

Qualifications  of  Members. — The  framers  of  the  Consti- 
tution recognized  a  difference  between  these  two  houses, 
not  only  in  composition,  but  also  in  the  character  of  the 
members.     It  was  expected  that  the  Senate  w^ould  be  the 


CONGEESS  59 

more  dignified  body,  and  woidd  demand  men  of  greater 
learning,  broader  views  and  more  extended  experience 
than  those  of  the  lower  house.  Provision  v/as  made 
to  meet  this  expectation  by  requiring  as  qualifications 
that: 

No  person  shall  be  a  Senator  who  shall  not  have  attained  to  the 
age  of  thirty  years,  and  been  iiing^years  a  citiz^jg  of  the  United 
States,"-"^     .     (Art.  I.,  Sec.  3,  CI.  3.) 

No  person  shall  be  a  Representative  who  shall  not  have  attained 
to  the  age  of  twentv-five  veaa-s.  and  been  c^^p^^  yooxg  n  ritlVifr  of 
the  United  States,     .     .     .     (Art.  I.,  Sec.  2,  CI.  2.) 

It  will  be  observed  that  in  the  case  of  both  Senators 
and  Representatives  extended  citizenship  is  made  a  neces- 
sary qualification,  to  the  end  that  their  interests  may  be 
to  the  fullest  degree  in  sympathy  with  the  welfare  of  the 
nation.  And  to  further  emphasize  this  sympath}^,  and 
extend  it  to  the  States,  it  is  required  that  each  shall, 
"  Avhen  elected,  be  an  inhabitant  of  that  State"  in  or 
for  "  which  he  shall  be  chosen."  (Art.  I.,  Sec.  2,  CI.  2, 
and  Sec.  3,  CI.  8.)  And  further,  in  order  to  secure  the 
time  and  talents  of  such  members  to  the  legislative  busi- 
ness of  the  government,  it  is  provided  that: 

No  Senator  or  Representative  shall,  during  the  time  for  which 
he  was  elected,  be  appointed  to  any  civil  office  under  the  author- 
ity of  the  United  States,  .  .  .  ;  and  no  person  holding-  any 
otiice  under  the  United  States  shall  be  a  member  of  eitlier  house 
during  his  continuance  in  office.     (Art.  I.,  Sec.  6,  CI.  2.) 

This  provision  prevents  the  possibility  of  dishonest 
practices  on  the  part  of  officials  wdio,  as  such,  might  be 
responsible  to  themselves  as  members  of  Congress,  or  who 
in  the  latter  capacity  might  determine  the  compensation 


60  THE  FEDERAL  GOVERNMENT 

which  they  would  receive  in  the  other.  Neither  can  a 
Senator  or  Representative  be  appointed  as  an  Elector  for 
the  election  of  President.  (Art.  II.,  Sec.  1,  CL  2.)  The 
reason  for  this  provision  will  be  considered  under  the 
Executive  Branch. 

Apportionment. — ^The  next  difference  in  the  Constitu- 
tional Convention  arose  over  the  method  of  apportioning 
the  Representatives  among  tlie  several  States.  In  this 
controversy  the  parties  w^ere  no  longer  the  large  and  the 
small  States,  but  those  who  favored  and  those  who  op- 
posed slavery.  The  "Virginia  Plan  "  had  provided  for 
representation  proportionate  to  the  population  of  the 
States,  and  this  was  interpreted  by  the  delegates  from  the 
States  which  depended  chiefly  on  slave  labor  to  include 
slaves  as  well  as  freemen.  On  the  other  hand,  the  States 
whose  citizens  had  few  slaves  claimed  that,  inasmuch  as 
slaves  were  not  entitled  to  any  political  privileges,  such 
an  interpretation  was  illogical  and  would  give  greater 
political  power  to  the  free  voter  in  tlie  "  slave  "  State 
than  to  his  brother  in  the  "  free  "  State — a  principle  op- 
posed to  \he  ideas  of  civil  equality.  This  question  be- 
came involved  with  another — the  basis  of  taxation.  It 
is  a  princi]3le  of  justice  that  those  who  enjoy  benefits 
must  bear  the  attendant  burdens.  So  the  "  free  ''  States 
insisted  that  taxation  and  representation  should  be  ap- 
portioned on  the  same  basis,  and  that  if  the  slave  was 
to  be  counted  for  the  purpose  of  representation,  so  he 
must  be  counted  for  the  purpose  of  apportioning  taxes. 
This  was  opposed  by  the  "  slave  "  States,  and  a  crisis  was 
imminent  when  Madison  proposed  a  solution  in  the  form 
of  a  compromise  by  which  it  was  determined  that: 


CONGRESS  61 

Representatives  and  direct  taxes  shall  be  apportioned  among 
the  several  States  .  .  .  according  to  their  respective  numbers, 
which  shall  be  determined  by  adding  to  the  whole  number  of  free 
persons,  including  those  bound  to  service  for  a  term  of  years,  and 
excluding  Indians  not  taxed,  three  fifths  of  all  other  persons. 
(Art.  I.,  Sec.  2,  CI.  3.) 

Ratio. — The  first  apportionment  of  such  representation 
was  made  on  the  basis  of  one  "Representative  for  every 
tnirty  thonsa^cl  people  {Id.).  Thus,  if  a  "free"  State 
^^  a  population  of  three  hundred  thousand  persons, 
and  a  "  slave  "  State  a  population  of  two  hundred  and 
ten  thousand  free  persons  and  one  hundred  and  fifty  thou- 
sand slaves,  a  total  population  of  three  hundred  and  sixty 
thousand  persons,  eacl\  State  Avould  be  entitled  to  ten 
Kepresentatives  and  be  liable  to  pay  an  equal  amount  of 
a  national  tax.  Lest  any  State  should  be  unrepresented 
by  reason  of  a  population  of  less  than  the  ratio,  it  was  fur- 
ther provided  that  ''  each  State  shall  have  at  least  one 
Representative"  (Id.). 

This  method  of  apportioning  Kepresentatives  and  direct 
taxes  continued  until  after  the  Civil  War,  Avhen,  in  order 
to  complete  the  work  of  granting  full  rights  to  the  freed- 
men,  Amendment  XIY.  was  adopted,  the  second  section 
of  which  provides  that: 

Representatives  shall  be  apportioned  among  the  several  States 
according  to  their  respective  nmnbcrs,  counting  the  whole  num- 
ber of  pei'sons  in  each  State,  excluding  Indians  not  taxed.  But 
when  the  right  to  vote  ...  is  denied  to  any  of  the  male 
inhabitants  of  such  State,  being  twenty-one  years  of  age,  and 
citizens  of  the  United  States,  .  .  .  except  for  participation  in 
rebellion  or  other  crime,  the  basis  of  representation  therein  shall 
be  reduced  in  the  proportion  which  the  number  of  such  male 
citizens  shall  bear  to  the  whole  number  of  male  citizens  twenty- 
one  years  of  age  in  such  State. 


62  THE  FEDERAL  GOVERNMENT 

Each  State,  tlierefore,  is  entitled  to  representation  pro- 
portionate to  the  Avhole  number  of  its  citizens,  and  cannot 
be  deprived  of  such  right,  save  by  its  own  act  in  unduly 
restricting  political  privileges. 

Increase  of  Members The  Constitution  does  not   fix 

the  number  of  members  in  either  house,  but  leaves  it  sub- 
ject to  change.  Such  changes  have  occurred  as  the  coun- 
try has  grown  in  population,  and  the  ratio  of  representa- 
tion has  been  increased  after  each  national  census,*  taken 
in  pursuance  of  the  Constitution  (Art.  I.,  Sec.  2,  CI.  3). 
until  it  is  now  (1902)  over  one  hundred  and  ninety-four 
thousand,  notwithstanding  which  the  House  has  grown 
from  a  body  of  sixty-five  in  tlie  First  to  one  of  three  hun- 
dred and  fifty-seven  in  tlie  Fifty-seventh  ;  and  by  the  last 
apportionment  (1901)  it  will  have  three  hundred  and 
eighty-six  members  In  the  Fiftj^-eight  Congress.  A  simi- 
lar growth  has  also  occurred  in  tlie  Senate.  Although  no 
change  lias  been  made  in  a  State's  representation  in  the 
upper  house,  eacli  State  admitted  to  tlie  Union  has  added 
two  members  to  that  body;  so  that  it  has  increased  frcm  a 
membership  of  twenty-six  to  ninety. 

Term  of  a  Congress.— The  first  Senator  elected  were, 
in  pursuance  of  the  Constitution  (Art.  I.,  Sec.  3,  CI.  2), 
divided  into  three  classes  with  terms  expiring  in  t\vo, 
fer  and  six  years_res]iectively.  As  a  result,  one-third  of 
the  Senate  has  to  be  renewed  every  two  years  {Id.).  This 
fact,  together  with  the  provision  for  the  election  of  Eep- 
resentatives,  determines  the  life  of  a  Congress  as  two 
3^ears. 

Sessions. — A  Congress  begins  on  the  4th  day  of  March 

*  Taken  in  1790,  and  eaciT  tenth  year  since?  "  


CONGRESS  63 

in  every  odd-numbered  year  and  continues  until  the  sec- 
ond succeeding  4th  day  of  March.  Such  "  Congress  shall 
assemble  at  least  once  m  every  year"  (Art.  I.,  Sec.  4, 
CI-  2).  This  meeting  is  called  a  session,  and  the  regular 
date  for  its  commencement  is  the  first  Monday  in  Deccin- 
ber.  A  Congress  has  thus  two  sessions.  The  first,  called 
the  ''Long  Session,"  commencing  on  the  first  Monday 
in  December  in  an  odd-numbered  year,  continues  until 
the  next  succeeding  spring  or  summer.  The  second,  or 
"Short  Session,"  commencing  on  the  first  Monday  in 
December  in  an  even-numbered  year,  continues  until  the 
next  4th  day  of  March.  As  a  Kepreseutativc  is  elected 
in  an  even-numbered  year,  it  happens  that  more  than  a 
year  elapses  between  his  election  and  the  first  session  of 
the  Congress  to  which  he  is  elected.  But  this  is  not 
always  so.  If  necessary.  Congress  can  be  assembled  by 
the  Tresident  as  soon  as  it  comes  into  being  ;  for  he  can, 
"  on  extraordinary  occasions,  convene  "  Congress  (Art. 
II. ,  Sec.  3),  so  that  there  may  be  more  than  the  two  regu- 
lar sessions.  This  happened  in  tli^Fifty-fifth  Congress, 
in  which  there  were  three  sessions. 

Place  of  Meeting. — Congress  convenes  in  the  Capitol 
in  the  City  of  AVashington,  the  two  houses  meeting  in 
rooms  in  the  opposite  wings  of  the  building,  known  as 
the  Senate  Chamber  and  Hall  of  Kepresentatives.  But 
whenever  for  any  cause  it  would  be  dangerous  for  the 
members  to  meet  at  their  usual  places,  the  President  is 
authorized  to  convene  Congress  at  any  other  place  he 
may  deem  proj)er. 

Change  in  "House." — It  is  possible  that  there  may  be 
in  each  Congress  a  House  of  Representatives  composed  of 


64  THE  FEDERAL  GOVERNMENT 

members  entirely  different  from  those  of  the  preceding 
Congress.     Theoretically,  each  "  House  "_isji£w\_ 

The  framers  of  the  Constitution  looked  upon  the 
House  as  the  direct  channel  for  the  expression  of  the 
public  will.  Hence  it  has  often  happened  that  the  mem 
bership  of  that  body  has  so  changed  that  the  majority  in 
one  House  has  been  of  opposite  political  faith  to  that 
of  the  preceding  one,  as  the  popular  mind  has  been 
chans^ed  bv  some  crisis. 

Stability  of  Senate. ^-"With  the  Senate  this  is  not  so. 
This  body  is  never  7iew.  Only  one-third  of  its  members 
is  chgiio-ed  at  the  same  tune,  so  that  it  is  continuing,  two- 
thirds  being  composed  of  men  of  legislative  experience. 
As  a  result,  the  Senate  is  not  materially  affected  by 
change  in  popular  sentiment. 

Characteristics  Contrasted. — Thus  we  may  view  the  two 
houses  of  Congress  as  reflecting  the  general  character 
of  the  two  houses  of  Parliament — the  one,  the  House, 
vigorous,  active,  progressive,  full  of  popular  spirit  and 
often  chosen  to  meet  the  demands  of  present  conditions  ; 
the  other,  the  Senate,  calm,  slow  and  bound  by  tradi- 
tion ;  the  one,  a  spur  and  promoter  of  legislation,  the 
other,  a  check  and  curb. 

2.     SENATORS   AND    REPRESENTATIVES. 

Election.— The  times,  places  and  manner  of  holding  elections 
for  Senators  and  Representatives,  shall  be  prescribed  in  each 
State  by  the  legislature  thereof  ;  but  the  Congress  may  at  any 
time  by  law  make  or  alter  such  regulations,  except  as  to  the 
places  of  choosing  Senators.     (Art.  I.,  Sec.  4,  CI.  1.) 

Under  this  provision  Congress  can  divide  States  into 


SENATORS  AND  REPRESENTATIVES  65 

Congressional  Districts  and  take  any  action  relative  to 
IKe  election  of  members  except  to  change  the  place  of 
electing  Senators,  or,  under  Clause  1  of  Section  2  of  Arti- 
cle I. ,  to  prescribe  the  qualifications  of  electors  of  Repre- 
sentatives. Congress  has,  hoAvever,  left  these  matters 
almost  entirely  to  the  several  States,  only  prescribing  a 
few  rules  for  the  purpose  of  uniformit}^. 

Senators. — Senators  are  elected  by  the  legislatures  of. 
the_Siaiea.  ^cli  election  takes  place  on  the  second  Tues- 
day  after  the  organization  of  the  legislature  chosen  next 
before  the  expiration  of  the  preceding  senatorial  term. 
In  each  house  of  the  legislature  the  members  present,  by  a 
mva  voce  vote,  name  a  person  or  persons  for  Senator,  and 
the  name  of  the  person  receiving  the  greatest  number  of 
votes  is  entered  upon  the  journal  of  that  house.  At  noon 
on  the  next  dav  the  members  of  Ijoth  houses  meet  in  a 
joint  session,  at  which  the  journals  of  the  two  bodies  are 
read,  and  if  the  same  person  received  a  majority  of  the 
votes   in   both   houses    he   is   declared   elected   Senator. 


However,  if  no  person  receives  such  majorities,  the  mem- 
bers in  joint  session  proceed  by  a  viva  voce  vote  to  choose 
a  Senator,  a  majority  of  all  the  members  being  necessary 
for  an  election.  If  such  a  majority  is  not  secured  at  the 
first  session,  the  two  houses  meet  jointly  at  noon  on  each 
succeeding  legislative  day  and  take  at  least  one  ballot  for 
Senator  until  one  is  elected  or  the  legislature  adjourns. 
If  a  vacancy  in  the  representation  of  any  State  in  the 
Senate  occurs  bv  reason  of  death  or  otherwise,  such 
vacancy  is  filled  by  the  legislature  in  the  same  manner 
as  a  Senator  is  regularly  elected.  But  if  such  vacancy 
should  occur  during  a  recess  of  the  legislature,  the  gov- 


66  THE  FEDERAL  GOVERNMENT 

ernorof  such  State  may  fill  the  vacancy  by  a  temporary 
appointment  until  a  Senator  is  elected  at  the  next  session, 
of  the  legislature  (Art.  I.,  Sec.  3,  CI.  2)  ;  but  the  gov- 
ernor cannot  make  such  an  appointment  after  the  legisla- 
ture has  failed  to  elect.  A  person  so  elected  or  appointed 
receives  from  the  governor  of  the  State  a  certificate  of  his 
election  or  appointment  directed  to  the  President  of  the 
Senate  of  the  United  States. 

Representatives. — The  number  of  Representatives  to 
which  each  State  is  entitled  is  determined  by  Congress 
after  each  decennial  census.  Congress  has  fixed  the  time 
of  their  election  as  the  "  Tuesday  next  after  the  first 
Monday  in  !N"ovemberJ2Jn  every  even-numbered  year.  In 
States  entitled  to  more  than  one  Representative,  they  are 
elected  by  "  districts  composed  of  contiguous  territory 
and  containing  as  nearly  as  possible  an  equal  number  of 
inhabitants,"  which  districts  are  determined  and  the 
boundaries  fixed  by  the  legislatures  of  the  States.  When, 
in  a  reapportionment,  a  State's  representation  is  increased, 
the  additional  Representatives  are  chosen  by  vote  of  the 
whole  State,  until  the  State  is  redistricted.  They  are 
called  Representatives  or   Oorigressmen  at  Large. 

Gerrymandering. — This  division  of  a  State  intoX2o»g¥es=, 


sional  Districts  has  often  led  to  a  political  process  called 
^ '  gerrymandering, ' '  whereby  the  dominant  party  in  the 
State  has  so  manipulated  the  division  as  to  secure  to  itself 
the  greatest  possible  number  of  Representatives.  The 
scheme,  though  originating  in  Virginia,  is  named  fiom 
El  bridge  Gerry,  during  whose  term  as  Governor  of  Massa- 
chusetts, that  State  was  so  redistricted  that  one  of  the 
districts  resembled  a  salamander,  which  a  political  oppo- 


SENATORS  AND  REPRESENTATIVES  67 

nent  called  a  "  gerrymander."  The  process  consists  of 
uniting  hostile  sections  into  one  district,  or  of  adding  to 
a  district  in  wliieh  the  sentiment  is  evenly  divided  a  sec- 
tion in  which  the  friendly  votes  are  sufficient  to  give  the 
control  to  the  dominant  party. 

Residence. — .Vlthough  by  the  Constitution  a  Represent- 
ative is  only  required  to  be  a  resident  of  the  State  from 
which  he  shall  be  chosen,  custom  has  added  that  he  also 
reside  in  the  district  from  which  he  is  elected.  This  is 
often  criticised  for  the  reason  that  it  limits  selection  and 
excludes  many  persons  of  preeminent  ability  because  of 
residence  in  districts  which  the  opposite  political  party 
dominates.  It  is  contrary  to  the  English  custom,  Avhich 
permits  the  election  of  a  member  of  the  House  of  Com- 
mons from  a  political  division  in  which  he  is  neither  a 
resident  nor  has  ])roperty.  But  the  American  custom 
makes  the  representative  of  a  district  acquainted  with  the 
needs  and  wishes  of  his  constituents  and  guarantees  a 
more  general  representation  by  precluding  the  possibility 
of  all  the  representatives  being  chosen  from  one  class  or 
section  of  a  State — a  condition  contrary  to  the  theory  of 
a  republican  form  of  government. 

Qualifications  of  Voters. — It  is  a  notable  fact  that  Ile^ 
rP!^fvnt'Ttivf^s;  tiye  the  ojiJxJBenibers  of  the  national  goyemj; 
ment_elected  directly  by  the  people.  For  the  purposes  of 
their  election  it  is  provided  that 

the  electors  in  each  State  shall  have  the  qualifications  requisite 
for  electors  of  tlie  most  numerous  branch  of  the  State  legislature. 
(Art.  I.,  Sec.  2,  CI.  1.) 

This  is  a  matter  beyond  the  control  of  Congress  and 
entirely  within  the  power  of  the  States  to  determine. 


68  THE  FEDERAL  GOVERNMENT 

Hence  the  qualifications  vary.     In  some  States  only  males 

twenty-one  years  of  age  possess  the  electoral  privilege. 

In  others  it  belongs  to  both  males  and  females.     In  some 

there  are  additional  requirements,  such  as  education  or 

property  or  poll-tax.     But  whatever  such  qualifications 

may   be,    they   must    be    uniform    in   their  application 

throughout  the  State,  and  the  right 

to  vote  shall  not  be  denied  or  abridged  ...  on  account 
of  race,  color,  or  previous  condition  of  servitude.  (Amend- 
ment XV.) 

Vacancies. — If  vacancies  occur  "^  in  the  representation 
from  any  State,  the  executive  authority  thereof  shall 
issue  writs  of  election  to  fill  such  vacancies  ' '  (Art.  I. , 
Sec.  2,  CI.  4).  The  rules  governing  such  election  are  the 
same  as  in  the  case  of  an  original  election.  The  person  so 
elected  serves  only  during  the  balance  of  the  unexpired 
term.  All  Kepresentatives-elect  are  given  certificates  of 
election  under  the  seal  of  their  State,  addressed  to  the 
House  of  Eepresentatives. 

Delegates. — Besides  Senators  and  Eepresentatives,  there 
is  in  each  Congress  one  delegate  from  each  Territory, 
wholias  "  a  seat  in  the  House  of  Eepresentatives,  with 
the  right  ol  flpbnting,  but  not  of  voting."  Such  dele- 
gates are  there  to  present  to  Congress  the  needs  and  fur- 
ther  the  interests  of  the  Territories  which  they  represent. 

Review  of  Elections. — The  certificates  of  election  of 
Senators  and  Eepresentatives  are  not  absolute  guaranties 
•  of  seats  in  Congress.  For,  if  there  have  been  frauds  or 
illegal  practices  in  their  election,  the  house  to  which  they 
have  been  chosen  has  the  power,  after  investigation,  to 
set  aside  such  election  ;  for : 


SENATORS  AND  REPRESENTATIVES  69 

Each  house  shall  be  tlie  jmh^o  of  the  elections,  returns  and 
qualifications  of  its  own  members,  .  .  .  (Art.  I.,  Sec.  5, 
CI.  1.) 

Oath. — Before  these  various  Representatives  take  their 
seats  they  are  required  to  take  an  oatli_  to  support  the 
Constitution  of  the  United  States  (Art.  VI.,  CI.  3).  This 
is  administered  to  Senators  by  the  President  of  the  Sen- 
ate,  the  new  Senator  being  presented  for  that  purpose  by 
the  other  Senator  from  his  State,  called  his  "  colleague," 
and  to  Representatives  and  Delegates  by  the  Speaker  of 
the  House  of  Representatives.     The  oath  is  as  follows: 

I  [name]  do  solemnly  swear  [or  affirm]  that  I  will  support  and 
defend  the  Constitution  of  the  United  States  against  all  enemies 
foreign  and  domestic  ;  that  I  will  bear  true  faith  and  allegiance 
to  the  same  ;  that  I  take  this  obligation  freely,  without  any 
mental  reservation  or  purpose  of  evasion,  and  that  I  will  well  and 
faithfully  dischai-ge  the  duties  of  the  office  on  which  I  am  about 
to  enter.     So  help  me  God. 

The  action  of  former  Senators,  Representatives  and 
certain  federal  and  state  officers  in  taking  up  arms 
against  the  United  States  during  the  Civil  "War  led  to 
the  adoption  of  Section  3  of  Amendment  XIY.,  to  give 
effect  to  which  a  further,  or  "  iron-clad,"  oath  was  ad- 
ministered for  several  years.  The  provisions  of  this 
Amendment  have,  however,  been  repealed,  and  only  the 
regular  oath  is  now  required.  And  "  no  religious  test  " 
or  oath  can  be  required  from  any  member  of  either  house 
of  Congress  or  of  any  federal  or  state  officer  (Art.  YI. , 
CI.  3). 

Compensation. — Each  Senator,  Representative  and  Dele- 
gate receives  as  compensation  the  sum  of  five  thousand 


70  THE  FEDERAL  GOVERNMENT 

dollars  per  year,  together  with  a  mileage  fee  of  twenty 

cents  per  mile   in  going   to   and   returning  from   each 

regular    session.     The   Sj^saJier   of   the   TTous^  of  T^t>p-^ 

resentajjyefr-  receives   eight   thousand   dollars   per  j^ear. 

In  addition  to  his  regular  salary  each  member  is  allowed 

a  fixed  sum  for  newspapers,  stationery,  clerk  hire  and 

other  necessary  expenditures. 

Detention  of  Members. — The  Constitution  contains  two 

provisions  for  the   personal  protection   of  Members  of 

Congress.     The  first  is  that  : 

They  shall  in  all  cases,  except  treason,  felony  and  breach  of  the 
peace,  be  privileged  from  arrest  during  their  attendance  at  the 
session  of  their  respective  houses,  and  in  going  to  and  returning 
from  the  same  ;     .     .     .     (Ai^t.  I.,  Sec.  6,  CI.  1.)  * 

This  is  but  an  enactment  of  an  old  English  law  for 
the  protection  of  members  of  Parliament.  As  early  as 
the  reign  of  Edward  I.  it  was  declared  unbecoming  for  a 
member  of  the  king's  council  to  be  "distrained"  in  time 
of  its  session,  and  in  1433  a  statute  was  passed  exacting  a 
penalty  from  anyone  who  molested  members  coming  to 
or  returning  from  Parliament.  This  section  extends  to 
arrests  for  all  civil  causes,  detention  as  a  witness  or  sum- 
mons as  a  juror,  and  is  not  lost  by  a  stoppage  on  the 
route  for  rest  or  on  account  of  illness.  Its  object  is  not 
merely  the  protection  of  the  individual  member,  but  is  for 
the  convenience  of  the  Government,  which  should  not  be 
deprived  of  tlie  counsel  and  presence  of  legislators  for  any 
but  the  most  serious  reasons.  Incidentally,  this  provision 
is  a  safeguard  against  the  passage  of  noxious  legislation 

*  For  definitions  of  Treason,  Felony  and  Breach  of  the  Peace, 
see  pages  158,  215, 


ORaANIZATION  AND  METHOD  OF  WORK        Tl 

by  the  detention  or  removal,  under  legal  forms,  of  men 
whose  presence  would  nuike  such  action  impossible. 

Freedom  of  Debate. — The  second  provision  is  that  "  for 
any  speech  or  debate  in  either  house,  they  shall  not  be 
questioned  in  any  other  place  "  {Id.).  This  is  also  an 
English  principle.  In  1621  a  statute  of  the  House  of 
Commons  declared  that : 

Every  member  hath  freedom  from  all  imprisonment  .  .  . 
for  or  concerning  any  bill,  speaking  or  declaring  of  any  matter 
or  matters  touching  tlie  Parliament  or  Parliament's  business. 

The  same  principle  was  confirmed  by  the  Bill  of  Rights. 
This  provision  makes  it  possible  for  a  member  to  criticise 
any  matter  or  person  who  may  be  before  Congress,  with- 
out fear  of  being  charged  with  slander  before  a  court, 
and  is  one  of  the  strongest  legislative  provisions  by  reason 
of  the  perfect  freedom  which  it  guarantees. 

Adjournments  Limited. — Having  so  provided  for  the 
protection  of  the  members,  it  Avas  expected  that  each 
house  would  devote  its  time  to  the  business  of  the  Govern- 
ment. And,  that  each  branch  should  have  the  constant 
presence  of  the  other,  it  was  provided  that  : 

Neither  house,  during  the  session  of  Congress,  shall,  without 
the  consent  of  the  other,  adjourn  for  more  than  three  days,  nor 
to  any  other  place  than  that  in  which  the  two  houses  shall  be 
sitting.     (Art.  I.,  Sec.  5,  CI.  4.) 

3.   ORGANIZATION  AND  METHOD   OF   WORK. 

Presiding  Officers.— The  Vice  President  of  the  United  States 
shall  be  President  of  the  Senate,  but  shall  have  no  vote,  unless 
they  be  cqiiaTly'divided!     (Art.  I.,  Sec.  3.  CI.  4.)    " 

The  House  of  Representatives  shall  choose  their  Speaker 
.     .     .     (Art.  L,  Sec.  2,  CI.  5.)  "^ 


72  THE  FEDERAL  GOVERNMENT 

These  provisions  present  a  striking  resemblance  to  the 
English  custom.  The  presiding  officer  of  the  Senate  is 
not  a  member  of  the  body  over  which  he  presides  nor  is 
he  chosen  by  that  body,  but,  like  the  Lord  Chancellor, 
derives  his  position  by  virtue  of  his  office.  He  possesses 
only  the  right  of  a  "casting"  or  deciding  vote  in  the 
case  of  a  tie — that  is,  when  the  votes  for  and  against  a 
question  are  equal.  In  the  House  of  I^epresentatives,  as 
in  the  House  of  Commons,  the  presiding  officer  is  a  mem- 
ber of  the  body,  elected  by  his  fellow-members  and 
known  by  the  name  of  "  Speakejij '  a  title  derived  from 
that  of  the  person  formerly  selected  b}^  the  House  of 
Commons  to  sign  and  present  its  "petitions,"  as  bills 
were  called,  or  other  communications  from  that  body  to 
the  king.  He  is  entitled  to  vote  upon  all  questions  before 
the  House. 

The  Speaker^^ — These  officers  are  expected  to  perform 
only  the  usual  duties  of  presiding  officers,  but  the  Speaker 
has  gradually  absorbed  powers  until  he  is  one  of  the  most 
imiyrtant  officers  of  the  Government.  He  has  great  influ- 
ence with  the  House,  and  to  a  large  extent  controls 
legislation.  He  is  usually  the  most  capable  member  of 
the  party  in  the  majority,  possessing  great  experience  in 
legislation,  familiarity  with  parliamentary  procedure  and 
knowledge  of  men  and  affairs. 

Other  Officers. — Each  house  possesses  the  power  to 
choose  its  other  officers  (Art.  I.,  Sec.  2,  CI.  5  and  Sec.  3, 
CI.  5).  Besides  the  President  pro  tempore  of  the  Senate 
(an  officer  who  presides  in  the  absence  of  the  President 
of  that  body),  the  officers  in  each  house  are  a  Clerk, 
Sergeant-at-Arms,  Chaplain,  Postmaster,  Librarian  and 


ORGANIZATION  AND  METHOD   OF  WORK        73 

Doorkeeper,  each  of  whom  has  one  or  more  clerks  and 
none  of  whom  is  a  member  of  either  body.  The  Clerk 
takes  charge  of  the  transacted  business  of  his  house,  keeps 
the  roll  of  members,  preserves  the  minutes,  is  the  custo- 
dian of  bills  and,  in  a  word,  has  general  management  of 
the  routine  work.  The  Sergeant-at-Arms  is  the  police 
oiRcer  and  messenger  of  the  house.  He  acts  for  the  body, 
and  disobedience  to  him  is  disobedience  to. the  house. 
In  the  House  his  symbol  of  office  is  the  "mace,"  and 
its  appearance  in  his  hands  is  generally  sufficient  to 
quell  the  greatest  disorder  and  restore  quiet.  He  is  also 
the  pa\'master  of  his  house.  The  Doorkeeper  has  charge 
of  the  rooms  in  which  the  sessions  are  held  and  the  gal- 
leries where  the  public  assembles  to  listen  to  the  debates. 
These  officers  are  usually  nominated  in  a  "  caucus, ' '  or 
meeting,  of  the  members  of  each  political  j)arty,  held 
before  the  assembling  of  Congress,  and  are  then  chosen 
by  the  votes  of  the  body  in  open  session. 

Quorum. — i^o  business  can  be  transacted  in  cither  house 
without. the  presence  of  a  quorum,  which  consists  of  a 
majority  of  the  members  elected  to  that  body.  (Art.  I. , 
Sec.  5,  CI.  1.) 

But  a  smaller  number  may  adjourn  from  day  to  day,  and  may 
be  authorized  to  compel  the  attendance  of  absent  members,  in  such 
manner,  and  under  such  penalties  as  each  house  may  provide.  {Id.) 

The  object  of  these  provisions  is  to  secure  in  each  body 
the  presence  of  a  sufficient  number  of  its  members,  so  that 
business  may  receive  proper  consideration.  It  is  a  recog- 
nition of  the  principle  that  all,j,cta-should  be  those  of  the 
majority.     It  insures  the  presence  of  a  quorum  by  giving 


T4  THE  FEDERAL  GOVERNMENT 

to  a  few  members — in  the  House  fifteen — the  power  to 
cause  absent  members  to  be  arrested  and  brought  before 
the  House  by  the  Sergeant-at-Arms.  This  is  known  as 
a  ^^Call  of  the  House." 

Counting  a  Quorum. — The  necessity  of  a  quorum  has 
often  been  taken  advantage  of  by  members  hostile  to  the 
dominant  party,  and  oftentimes  in  the  case  of  a  close 
vote  a  sufficient  number  of  members  have  left  the  room 
to  reduce  the  number  actuall}^  present  to  less  than  a 
quorum.  Formerly  a  quorum  was  determined  by  the 
number  of  votes  cast  on  a  question,  and  it  was  possible 
for  members  to  remain  in  their  seats  and  not  answer  as 
their  names  were  called,  thus  defeating  by  silence  what 
they  were  powerless  to  defeat  by  open  methods  ;  for,  if 
less  than  a  quorum  responded  to  the  roll-call,  the  trans- 
action of  business  was  suspended,  although  enough  mem- 
bers inight  be  visibly  present  to  constitute  a  quormn. 
This  led  to  the  adoption  of  a  rule  whereby  all  members 
present  can  be  counted  whether  they  vote  or  not.  And 
a  further  rule  provides  that  when  all  such  members  have 
been  counted,  if  there  is  still  no  quorum,  there  may  be 
had  a  "  Call  of  the  House,"  the  arrested  members  being 
given  the  right  to  vote  upon  the  question  before  the 
House. 

Formalities  of  Organization. — The  first  meeting  of  the 
House  is  presided  over  by  the  Clerk  of  the  previous 
House,  who  calls  the  roll  of  the  members-elect,  and, 
having  ascertained  the  presence  of  a  quorum,  directs  the 
election  of  the  Speaker.  Oftentimes  several  ballots  have 
to  be  taken  before  an  election  is  secured.  As  soon  as  he  is 
elected,  the  Speaker  takes  the  oath  of  office,  which  is 


OEGANIZATION  AND   METHOD   OF  WORK         Y5 

administered  by  the  Representative  longest  in  continuous 
service  as  a  member.  The  roll  of  the  House  is  then  called, 
and  the  Speaker  adniinisters  the  oath  of  office  to  the  mem- 
bers. It  is  then  usual  to  send  a  committee  to  inform  the 
Senate  that  the  House  is  organized,  and  to  appoint  an- 
other committee,  which,  in  conjunction  with  a  similar 
one  from  the  Senate,  waits  upon  the  President  and  in- 
forms him  that  Congress  is  ready  to  receive  any  communi- 
cation that  he  may  be  pleased  to  make. 

Drawing  Seats. — At  an  early  time  in  the  session  occurs 
the  drawing  of  seats.  These  are  arranged  in  semicircu- 
lar rows  facing  the  Speaker's  chair,  and  are  equal  to  the 
number  of  members  and  delegates.  A  quantity  of  small 
balls  is  prepared,  each  having  a  number  corresponding 
to  a  number  on  an  alpiiabetical  list  of  the  members. 
These  are  thoroughly  intermixed,  and  drawn  from  a  box 
by  an  attendant,  and  as  each  member's  number  is  drawn 
he  selects  his  seat.  The  members  of  the  same  political 
party  usually  sit  on  the  same  side  of  the  House,  and  it  is 
customary  to  permit  the  members  longest  in  service  to 
have  first  choice  of  seats.  While  this  is  going  on  in 
the  House,  a  similar  action  is  occurring  in  the  Senate, 
where  the  new  members  are  sworn  in  by  the  president  of 
the  Senate  and  seats  are  assigned. 

Committees. — After  the  officers  of  the  two  houses  have 
been  selected,  the  committees  are  ai)[)ointed.  This  is  a 
very  important  matter,  for  u])on  their  Avork  depends,  to 
a  large  extent,  the  usefulness  of  Congress.  These  com- 
mittees are  manv  in  number  and  various  in  size,  and  are 
intended  to  have  jurisdiction  of  all  subjects  which  come 
before  their  respective  houses.     Thus  in  the  House  the 


76  THE  FEDERAL  GOVERNMENT 

Committee  on  Ways  and  Means  has  control  of  matters 
relating  to  revenue  and  the~T5bnded  debt  of  the  United 
States  ;  the  Committee  on  A ppropriations  has  charge  of 
matters  pertaining  to  the  support  of  the  different  branches 
of  the  Government.  There  are  also  committees  on  For- 
eign Affairs,  the  Judiciary,  Military  Affairs,  Banking  and 


'CurrSTrcy^  TtailWarys — acnd  Canals,  Territories,  Insular 
^Affairs,  .District  of  Columbia,  Pensions,  Post  Offices, 
Coinage,  "Weights  and  Measures  and  many  others.  In 
\he  Senate  are  the^Finance  and  Appropriations  Commit- 
tees, corresponding  to  the  Committees  on  Ways  and 
Means  and  Appropriations  of  the  House,  the  Foreign 
Relations  Committee  and  many  others  with  jurisdictions 
similar  to  those  of  the  House. 

Method  of  Appointment. — In  the  Senate  these  commit- 
tees are  appointed  by  the  body  itself,  but  in  the  House 
they  are  usually  appointed  by  the  Speaker.  This  is  a 
source  of  great  power  to  him,  for  he  is  enabled  to  exert 
great  influence  upon  legislation  by  the  selection  of  men 
holding  views  similar  to  his  own  for  the  prominent  posi- 
tions on  important  committees  ;  but  it  is  customary  to 
give  the  oj)posing  political  party  a  minority  representa- 
tion on  each  committee.  In  each  house  the  member  first 
named  on  a  committee  is  its  chairman,  and  those  of  the 
most  important  committees  possess  great  control  over 
legislation.  Thus  the  Chairman  of  the  Committee  on 
Ways  and  Means  is,  after  the  Speaker,  the  most  influen- 
tial member  of  the  House.  He  is  co".sidered  the  leader 
of  his  party  on  the  "floor."  He  is  intrusted  not  only 
with  the  management  of  the  business  of  his  committee, 
but   also  with   many  other   matters   pertaining   to   the 


ORGANIZATION  AND  METHOD  OF  WORK         Y7 

general  conduct  of  work  and  the  control  of  parliamentary 
tactics. 

Work  of  Committees. — To  these  committees  are  referred 
every  measure  introduced  into  either  house  of  Conf^fress. 
Being  small  bodies,  they  are  able  to  give  close  attention 
to  the  questions  presented,  and  by  reason  of  training  in 
special  lines  ai^  enabled  to  exercise  better  judgment  than 
could  be  done  by  the  members  of  the  house  acting  as  a 
whole.  Thus  legislation  is  expedited,  and  thousands  of 
useless  measures  are  ' '  killed  in  committee  ' ' — that  is,  cast 
aside  and  not  reported.  In  the  exercise  of  their  duties 
the  committees  may  call  in  the  assistance  of  experts,  may 
take  testimony  and  compel  the  attendance  of  witnesses, 
and  conduct  any  investigation  which  the  importance  of 
the  matter  before  them  may  warrant.  Upon  their  report 
depends  largely  the  action  of  their  house  ;  for  although 
their  decision  is  not  final,  yet,  in  the  main,  their  judg- 
ment is  followed. 

Rules. — The  proceedings  in  each  house  are  controlled 
by  the  rules  which  it  makes  for  itself  (Art.  I.,  Sec.  5, 
CI.  2).  These  are  practically  the  same  in  both  bodies, 
and  through  tlie  experience  of  years  have  grown  into  an 
intricate  system,  which  not  only  directs  the  progress  of 
business,  but  affects  the  decorum  and  conduct  of  mem- 
bers {Id.). 

Method  of  Legislation. — Tlie  progress  of  a  bill,  or  pror 
posed  draft  of  a  law,  through  the  House  is  substan- 
tially as  follows:  It  is  introduced  by  being  presented  to 
the  Clerk,  indorsed  with  its  title  and  the  name  of  the 
member  introducing  it.  The  Clerk  gives  it  a  number, 
and  when  reached  under  the  proper  order  of  business  it  is 


TS  THE  FEDERAL  GOVERNMENT 

read  the  first  time.  It  is  then  handed  to  the  Speaker, 
who  puts  the  question  whether  it  shall  be  read  a  second 
time.  If  it  is  so  decided,  the  bill  goes  back  to  the  Clerk 
to  aAvait  its  second  reading.  This  must  regularly  be  on 
another  day.  When  it  is  again  read,  it  is  sent  to  the 
committee  which  has  charge  of  its  subject.  Here  it  is 
examined,  and  with  or  without  amendments  is  reported 
to  the  House.  It  is  then  considered  in  what  is  called  a 
"  Committee  of  the  "Whole  "  (an  informal  organization  of 
the  whole  House  for  the  purpose  of '  discussion,  over 
Avhich  some  member,  other  than  the  Speaker,  presides), 
where  it  ma}^  be  debated  and  further  amended.  It  is 
then  read  a  third  time,  and  the  question  is  put,  "Shall 
the  bill  pass?"  If  it  receives  a  majority  vote,  it  is 
signed  by  the  Speaker  and  attested  by  the  Clerk,  with 
a  note  of  the  date  of  its  passage.  This  method,  with  but 
slight  differences,  is  pursued  in  the  Senate.  A  bill,  after 
its  title,  begins  with  the  following  words:  "  Be  it  enacted 
by  the  Senate  and  House  of  Eepresentatives  of  the  United 
States  of  America  in  Congress  assembled.  That  "... 
Filibustering. — The  progress  of  a  bill  is  not  always  easy. 
At  every  point  it  may  meet  opposition.  Amendments, 
delays,  all  the  tricks  of  parliamentary  tactics  may  be  em- 
ployed to  impede  it,  and  oftentimes  an  "  active  minority" 
may  be  able  to  defeat  the  will  of  the  majority.  Such 
methods  are  called  ' '  filibustering. ' '  They  are  not  usually 
successful,  however  ;  for  by  the  rigorous  enforcement 
of  the  rules  a  Speaker  is  able  to  guide  a  measure  through 
the  fiercest  opposition.  Even  debate  can  be  cut  off  in  the 
House  by  a  call  for  the  "previous  question,"  which 
is  undebatable,  and  being  adopted  brings  up  the  measure 


ORGANIZATION  AND  METHOD  OF  WORK         79 

for  immediate  vote.  In  the  Senate  there  is  no  ^vay  to 
stop  debate,  and  it  is  possible  for  an  opposition  to  con- 
sume a  whole  session  in  the  discussion  of  a  question. 
This  is  an  instance  of  ' '  senatorial  courtesy, ' '  a  sentiment 
arising  from  the  dignified  character  of  the  body,  which 
excludes  all  limitations  upon  the  official  conduct  of  a 
Senator  and  concedes  to  him  freedom  in  accordance  with 
the  dignity  of  his  position. 

Records  of  Proceedings. — Pursuant  to  Article  I.,  Sec- 
tion 5,  Clause  3,  a  record  of  the  proceedings  in  each  house 
is  kept  in  a  "journal,"  in  which  is  set  forth  the  roll,  bills 
introduced,  motions,  resolutions,  rulings  of  the  presiding 
officer,  business,  and  votes  taken  with  the  name  and  vote 
of  each  member  when  required  by  one-fifth  of  the  mem- 
bers present.  In  addition  to  this  record  there  is  published 
each  day  during  the  session  a  paper  called  the  "  Congres- 
sional  EecQfd, ' '  in  which  is  a  verbatim  report  of  the  inci- 
dents of  the  preceding  day.  This  is  distributed  according 
to  law  among  certain  officials,  Senators  and  Representa- 
tives and  libraries,  and  upon  payment  of  a  small  fee  to 
the  public  at  large. 

Interaction  of  Houses. — In  its  \vork  neither  house  is 
independent  of  the  other.  "While  each  acts  by  itself, 
both  must  agree  in  the  result,  or  action  fails.  Thus,  a 
measure  which  has  passed  one  house  may  be  rejected  by 
the  other,  or  a  bill  may  be  amended  in  one  house  after 
its  passage  in  the  other,  in  which  case  it  must  repass  the 
first  body  in  its  amended  form.  Often,  for  the  purpose 
of  hastening  important  legislation,  the  same  bill  is  intro- 
duced simultaneously  in  both  houses,  Avhen  it  is  called  a 
"  joint  bill,"  a  "  joint  resolution  "  or  a  "  concurrent  reso- 


80  THE  FEDERAL  GOVERNMENT 

lution."  All  these  possibilities  lead  to  many  complica- 
tions ;  and  frequent  interviews,  or,  as  they  are  called, 
' '  meetings  of  conference  committees, ' '  are  held  and  a 
compromise  effected.  Thus  each  house  acts  as  a  check 
on  the  other.  Thus  each,  reviewing  the  work  of  the 
other,  tends  to  produce  better  legislation ;  and  while  there 
are  often  delays  Avhich  are  irksome  to  the  public,  and 
while  legislation  is  often  produced  w^hich  falls  short  of 
the  popular  desire,  yet  the  results  are  generally  satisfac- 
tory and  the  delays  are  counterbalanced  by  freedom 
from  radical  measures,  a  characteristic  w^iich  has  marked 
our  national  legislation  during  more  than  a  hundred 
years. 

4.    LEGISLATIVE  POWERS. 

General  Limitation. — The  fear  of  a  strong  central  gov- 
ernment and  the  desire  to  retain  all  possible  powers  in 
the  several  States  w^ere  marked  political  characteristics  of 
the  people  at  the  time  of  the  Constitutional  Convention. 
During  its  entire  session  the  local  powders  of  the  States 
were  jealously  guarded,  and  only  those  were  granted  to 
the  national  government  wdiich  w^ere  general  in  character, 
and  such  as  could  not  be  properly  administered  by  the 
States  themselves.  Even  then  the  people  Avere  fearful  of 
the  new  government,  and  among  the  early  amendments 
added  to  the  Constitution  was  one  wdiich  provided  that: 

The  powers  not  delegated  to  the  United  States  by  the  Constitu- 
tion, nor  prohibited  by  it  to  the  States,  are  reserved  to  the  States 
respectively,  or  to  the  people.     (Amendment  X.) 

ConstitutionaHty. — It  was  intended  by  this  amendment 
to  place  beyond  contradiction  the  fact  that  the  United 


LEGISLATIVE  POWERS  81 

States  Government  was  not  one  of  original  powers,  but 
possessed  merely  those  which  the  Constitution  delegated 
to  it.  Hence,  in  considering  any  question  of  national 
legislation  or  action,  the  inquiry,  "  Is  it  constitutional?  " 
means  is  there  in  the  Constitution  any  provision  which, 
under  reasonable  interpretation,  gives  the  Government 
authority  for  the  act.  From  the  time  of  the  First  Con- 
gress every  act  of  legislation  has  been  subjected  to  this 
test,  and  the  differences  of  opinion  upon  these  questions 
have  generally  marked  the  two  great  political  parties  of 
the  country — the  one,  termed  "Loose  Constructionists," 
insisting  that  the  Constitution  granted  not  only  the 
powers  expressly  stated,  but  all  others  that  could  reason- 
ably be  inferred  from  it  ;  the  other,  called  "  Strict  Con- 
structionists," denying  the  existence  of  any  implied 
authority  and  insisting  upon  a  literal  interpretation  of 
the  Constitution. 

Taxation. — The  weakness  of  the  confederacy  showed 
the  framers  of  the  Constitution  the  necessity  of  extensive 
and  strong  powers  in  the  general  government.  They  were 
familiar  with  the  inability  of  the  confederacy  to  enforce 
its  requisitions  for  money  and  with  its  resulting  helpless- 
ness. They  felt  that  there  was  no  more  important  func- 
tion of  government  than  that  of  levying  and  collecting 
taxes  ;  for  however  vast  the  resources,  however  extensive 
the  boundaries,  however  patriotic  the  citizens,  the  Gov- 
ernment was  powerless  if  it  could  not  compel  the  use  of 
these  resources  for  its  support.  They,  therefore,  provided 
that: 

The  Congress  shall  liave  power  to  lay  and  collect  taxes,  duties, 
imposts  and  excises,  to  pay  the  debts  and  provide  for  the  common 
6 


82  THE  FEDERAL  GOVERNMENT 

defense  and  general  welfare  of  the  United  States ;     .     .     .     (Art. 
I.,  Sec.  8,  CI.  1.) 

Of  this  power,  Chief  Justice  Chase  said : 

To  the  existence  of  the  States  and  to  the  existence  of  the  United 
States  the  power  of  taxation  is  indispensable.  It  is  an  essential 
function  of  government.  It  was  exercised  by  the  colonies  and  by 
the  states  formed  therefrom.  Under  the  Articles  of  Confederation 
the  Government  was  limited  in  the  exercise  of  this  power  to 
requisitions  upon  the  States.  The  Constitution  changed  this  con- 
dition of  things.  It  gave  the  power  to  tax  directly  and  indirectly 
to  the  national  government. 

Direct  Taxes. — A  direct  tax  is  defined  by  Mill  as  a  charge 
"  which  is  demanded  from  the  very  persons  Avho,  it  is  in- 
tended or  desired,  should  pay  it."  Such  taxes  are  poll 
or  capitation  tax,  imposed  upon  individuals  at  so  much  a 
person  (literally,  "per  head"),  charges  upon  lands,  per- 
sonal property,  incomes,  and  the  rents  and  profits  of  prop- 
erty. In  the  levying  of  such  direct  taxes  provision  was 
made  that  no  State  should  bear  more  than  its  share  of 
the  burden. 

Direct  taxes  shall  be  appoi'tioned  among  the  several  States 
.  .  .  according  to  their  respective  numbers.  {Kvi.  I.,  Sec.  2, 
CI.  3.) 

No  capitation,  or  other  direct,  tax  shall  be  laid,  unless  in  pro- 
portion to  the  census  or  enumeration  hereinbefore  directed  to 
be  taken.     (Art.  I.,  Sec.  9,  CI.  4.) 

When  a  direct  tax  is  laid,  the  amount  of  money  to  be 
raised  is  first  ascertained,  and  the  tax  is  apportioned 
among  the  States  according  to  their  population  at  the 
last  census. 

Indirect  Taxes. — Indirect  taxes  are  defined  as  "those 


LEGISLATIVE  POWERS  83 

wliicli  are  demanded  from  one  person  in  the  expectation 
and  intention  that  he  shall  indemnify  himself  at  the  ex- 
pense of  others. "  Such  taxes  are  duties  or  imposts,  im- 
posed upon  the  importation  of  goods,  and  excises,  an 
inland  tax  levied  upon  the  manufacture  or  sale  of  certain 
articles  and  upon  licenses  to  pursue  certain  trades  or  to 
deal  in  certain  commodities.  In  the  levying  of  such  indi- 
rect taxes  it  was  provided  that  they  should  "be  uniform 
throughout  the  L^nited  States"  (Art.  I.,  Sec.  8,  CI.  1). 
By  "  uniform  "  is  meant  that  such  taxes  shall  be  the  same 
in  one  State  as  in  another,  regardless  of  population,  a 
characteristic  in  which  they  differ  from  direct  taxes.  But 
all  articles  need  not  be  taxed  alike.  Thus  tobacco  may 
be  taxed  at  one  rate,  silk  at  another,  while  other  com- 
modities may  be  under  very  different  charges,  but  the 
charge  on  each  class  of  articles  is  the  same  ever}' where. 

The  Tariff. — Duties  and  imposts,  also  called  "  customs," 
are  charges  made  upon  imports,  and  are  of  two  kinds — 
specific  and  ad  valorem.  A  specific  duty  is  a  certain  sum 
charged  on  each  article,  regardless  of  its  cost  or  value, 
as  so  much  per  pound,  gallon  or  yard.  An  ad  valorem 
duty  is  a  charge  made  at  a  certain  percentage  of  the  cost 
or  value  of  the  article.  The  list  of  dutiable  goods,  with 
the  prescribed  charges,  is  called  the  "tariff."  About 
the  levying  of  duties  and  imposts  have  centered  some  of 
the  fiercest  political  struggles  of  this  country  ;  and  the 
character  and  purpose  of  the  duties  imposed  have  in  sev- 
eral campaigns  marked  the  division  of  the  great  parties. 
Civics  is  not  the  place  to  enter  into  a  discussion  of  the 
economic  features  of  the  subject  of  duties.  That  belongs 
to  the  studv  of  Political  Economv.     It  will  bo  sufficient 


84  THE  FEDERAL  GOVERNMENT 

for  the  present  to  know  that  in  the  division  of  sentiment 
caused  by  this  subject  there  is  one  party  whose  members 
are  known  as  "  Protectionists,"  who  insist  that  under  the 
implied  powers  of  the  Constitution  the  Government  has 
the  right  to  impose  duties  and  imposts,  not  only  to  supply 
revenue  for  its  support,  but  also  to  encourage  and  foster 
manufacturing  and  other  industries  in  the  country,  and 
for  this  purpose  to  raise  the  charges  so  high  as  practically 
to  prohibit  the  importation  of  goods.  Opposed  to  this 
party  are  the  so-called  "Free-Traders,"  who  advocate 
the  collection  of  duties  for  the  support  of  the  Govern- 
ment, but  deny  that  thev  can  be  constitutionally  imposed 
for  any  other  purpose. 

A  modification  of  "protection"  is  the  reduction  of 
duties  upon  imports  from  a  country  in  return  for  a  sim- 
ilar reduction  by  it  upon  American  goods.  This  is  termed 
' '  reciprocity, ' '  and  is  established  by  treaty  (page  132\ 
The  converse,  called  "retaliation,"  is  the  increase  of 
duties  upon  imports  from  a  country  which  has  increased 
its  duties  upon  American  articles.  This  is  done  by  the 
President,  to  whom  the  power  is  usually  given  by  Con- 
gress. 

Collection  of  Duties. — In  order  to  collect  these  duties 
certain  places  along  the  coasts  and  borders  of  the  country 
are  designated  as  Ports  of  Entry,  where  are  government 
buildings  called  Custom  Houses,  in  charge  of  officers 
known  as  Collectors  of  Customs.  At  these  places  cargoes 
are  examined  by  the  Collector  or  his  agents,  called  In- 
spectors, and  duties  are  computed  and  collected  upon  im- 
portations according  to  the  schedules  fixed  by  law.  Duti- 
able articles  constitute  a  long  list,  and  consist  of  so-called 


LEGISLATIVE  POWERS  85 

luxuries,  as  diamonds,  works  of  art,  silks  and  the  like  ; 
certain  necessaries,  as  clothing  ;  and  a  large  number  of 
other  articles,  "  raw  "  and  manufactured. 

Internal  Revenue. — ^Excises  constitute  what  is  known 
as  the  internal  revenue  of  the  country,  and  are  taxes 
levied  upon  the  manufacture  and  sale  of  liquors  and 
tobaccos,  and  frequently  upon  other  articles,  such  as 
telegrams  and  legal  and  commercial  papers,  upon  which 
have  to  be  affixed  revenue  stamps  varying  in  value  from 
a  fraction  of  a  cent  to  many  dollars.  Matters  pertaining 
to  the  sale  of  these  stamps  and  the  collection  of  this  rev- 
enue are  in  the  charge  of  government  officers  called  Col- 
lectors of  Internal  Revenue. 

The  National  Income. — These  taxes,  direct  and  indi- 
rect, constitute  the  sources  of  the  national  income.  The 
receipts  are  nearly  always  sufficient  for  the  demands  of 
the  Government,  and  at  times  have  been  so  large  as  to 
rapidly  diminish  the  great  debts  incurred  in  tlie  several 
wars  in  which  Ave  have  been  engaged.  Indeed,  so  great 
have  been  the  indirect  revenues  that,  except  in  a  very 
few  instances,  no  direct  taxes  have  ever  been  levied. ■^• 

Commerce. — Intimately  connected  with  this  poAver  of 
Congress  is  that  ' '  to  regulate  commerce  with  foreign 
nations,  and  among  the  several  States,  and  Avith  the  In- 

*  The  principal  direct  taxes  levied  by  the  general  government  were  the 
following  :  July  14,  1798,  two  millions  of  dollars  ;  January  9,  1815,  six 
millions  of  dollars  ;  August  5,  18G1,  twenty  millions  of  dollars,  to  be 
levied  annually  thereafter.  In  the  latter  case  the  taxes  were  not  collected 
by  oflBcers  of  the  United  States,  but  each  State  paid  its  portion  from  the 
moneys  in  the  State  treasury.  This  tax  was  collected  but  once,  and  the 
act  was  suspended.  In  1891  the  United  States  refunded  to  the  States 
the  gums  which  they  had  paid  on  the  tax  of  1861. 


86  THE  FEDERAL  GOVERNMENT 

dian  tribes  "  (Art.  I. ,  Sec.  8,  CI.  3).  ''  Commerce, "  iis  here 
used,  means  not  only  trade,  but  also  intercourse  and  navi- 
gation. Before  the  Constitution  all  such  laws  were  en- 
acted by  the  States,  and  the  greatest  confusion  resulted. 
But  because  the  regulation  of  commerce  was  a  matter  of 
general  interest,  and  for  the  purpose  of  uniformity,  it 
was  delegated  wholly  to  the  general  government.  Under 
this  section  Congress  has  power  to  appropriate  moneys  to 
render  navigation  less  dangerous,  to  build  lighthouses,  to 
provide  life-saving  stations,  improve  harbors,  dredge 
rivers,  establish  quarantine  regulations,  license  and  re- 
quire the  employment  of  licensed  pilots,  make  surveys  of 
the  coasts,  issue  charts  and  maps,  and  perform  many  other 
acts  of  a  similar  nature. 

Shipping  Regulations. — By  virtue  of  this  power  Con- 
gress has  made  regulations  requiring  American-owned 
vessels  to  be  registered,  an  act  which  accords  to  such  ves- 
sels privileges  not  extended  to  foreign  ships,  such  as  to 
engage  in  the  coasting  trade  and  to  be  protected  by  the 
Government  if  seized  or  injured  by  a  foreign  power.  So, 
also,  a  vessel  upon  leaving  port  is  required  to  take  out 
a  certificate  called  a  clearance,  issued  by  the  collector  of 
customs,  showing  that  all  harbor  fees  have  been  paid  and 
regulations  observed.  Upon  arrival  at  an  American  port, 
a  further  regulation  requires  a  vessel  to  be  entered — that 
is,  to  report  to  the  collector,  present  a  statement  of  its 
cargo  and  deliver  the  clearance  which  it  received  from 
the  last  port.  This  last,  however,  is  not  generall)^  re- 
quired of  American  vessels  engaged  in  the  coasting  trade. 
All  other  laws  relative  to  the  merchant  marine  of  the 
nation  rest  upon  this  section. 


LEGISLATIVE  POWERS  8T 

Interstate  Commerce. — Under  this  section  laws  have 
also  been  passed  controlling  railroads  whose  business  is 
conducted  in  two  or  more  States,  prescribing  rules  for 
their  management,  construction  and  rates  for  freight. 
And,  finally,  it  is  from  this  section  that  Congress  derives 
its  authority  to  regulate  all  intercourse  and  traffic  with 
the  Indians. 

Federal  Taxes  and  State  Taxes. — The  power  to  levy 
duties  and  imposts  and  to  regulate  commerce  belongs 
peculiarly  to  Congress,  for  it  is  provided  that: 

No  State  shall,  without  the  consent  of  the  Congress,  lay  any 
imposts  or  duties  on  imports  or  exports,  except  what  may  be 
absolutely  necessary  for  executing  its  inspection  laws  ;  .  .  . 
(Art.  L,  Sec.  10,  CI.  2.) 

And  the  Supreme  Court  of  the  United  States  has  held 
that  the  right  to  regulate  commerce  is  "  exclusively  vested 
in  Congress  and  cannot  be  exercised  by  a  State."  This 
is  not  true  of  the  right  to  levy  direct  taxes.  This  right  is 
co-existent  in  state  and  national  governments,  and  the 
exercise  of  it  by  Congress  does  not  preclude  a  State 
from  taxing  the  same  propert}'",  though  the  claims  of  the 
general  government  are  superior;  and  if  there  is  not  suffi- 
cient property  to  satisfy  the  demands  of  both  govern- 
ments, that  of  the  nation  has  preference. 

Restrictions  on  Taxation. — It  should  be  observed  that 
the  purposes  for  which  Congress  is  thus  given  the  power 
to  tax  are  ' '  to  pay  the  debts  and  provide  for  the  com- 
mon defense  and  general  welfare  of  the  United  States  " 
(Art.  I.,  Sec.  8,  CI.  1).  The  courts  have  held  that  taxa- 
tion purely  in  aid  of  personal  or  private  objects  is  beyond 


88  THE  FEDERAL  GOVERNMENT 

legislative  power,  and  that  Congress  cannot  even  raise  a 
tax  for  purposes  which  are  within  the  exclusive  jurisdic- 
tion of  a  State. 

There  is  another  restriction  upon  this  power  of  Con- 
gress. That  is,  that  ' '  no  tax  or  duty  shall  be  laid  on 
articles  exported  from  any  State  "  (Art.  I.,  Sec.  9,  CI.  5). 
The  reason  for  this  provision  is  that  the  extent  of  the 
country  is  so  great  and  its  resources  so  varied  that  a  uni- 
form burden  of  export  duties  would  be  practically  un- 
possible,  and  the  interests  of  the  various  States  would  be 
constantly  demanding  recognition,  which  would  destroy 
trade  stability  and  result  in  the  greatest  confusion.  Fur- 
thermore, such  taxation  would  tend  to  impede  the  growth 
of  industries  by  making  the  charges  upon  their  products 
so  high  as  to  render  competition  in  a  foreign  market  im- 
possible. Uniformity  in  commercial  regulations  is  assured 
by  the  provision  that: 

No  preference  shall  be  g-iven  by  any  regulation  of  commerce  or 
i-evenue  to  the  ports  of  one  State  over  those  of  another  ;  nor  shall 
vessels  bound  to,  or  from,  one  State,  be  obliged  to  enter,  clear,  or 
pay  duties  in  another.     (Art.  I.,  Sec.  9,  CI.  6.) 

Power  to  Borrow. — The  revenues  just  considered  are 
adequate  in  times  of  peace  and  usual  prosperity.  But 
there  arise  conditions  when  these  are  insufficient.  The 
Civil  War  created  such  a  condition.  So,  also,  a  crisis  may 
arise  when  the  revenues  are  depleted  and  time  will  not 
permit  the  collection  of  sufficient  taxes  to  prevent  national 
embarrassment.  To  provide  against  such  an  emergency, 
Congress  can  ' '  borrow  money  on  the  credit  of  the  United 
States"  (Art.  I.,  Sec.  8,  CI.  ^2). 


LEGISLATIVE  POWERS  89 

This  is  a  very  important  provision.  Chief  Justice 
Marshall  said: 

No  provision  can  be  selected  wliicli  is  of  more  vital  interest  to 
the  community  .  .  .  No  power  has  been  conferred  by  the 
American  i:)eople  on  the  government,  the  free  exercise  of  which 
more  deeply  affects  every  member  of  our  republic.  In  war,  when 
the  honor,  safety  and  independence  of  the  nation  are  to  be 
defended,  when  all  its  resources  are  to  be  strained  to  the  utmost, 
credit  must  be  brought  in  aid  of  taxation,  and  the  abundant 
revenues  of  peace  and  prosperity  must  be  anticipated  to  supply 
the  exigencies  of  the  moment. 


'&^ 


Coinage ;  Weights  and  Measures. — An  important  power 
of  Congress  is  the  one: 

To  coin  money,  regulate  the  value  thereof,  and  of  foreign  coin, 
and  fix  the  standards  of  weights  and  measures.  (Art.  I. ,  Sec.  8, 
CI.  5.) 

The  trading  instinct  has  made  necessary  some  medium  of 
exchange.  For  this  the  precious  metals  have  been  found 
the  most  practicable,  and  gold  and  silver  are  now  gen- 
erally used,  with  nickel  and  copper  for  small  values.  At 
first  these  media  passed  by  weight  ;  later  they  were  made 
into  coins — that  is,  stamped  into  shape  and  marked  Avith 
some  device  significant  of  their  value.  This,  hoAvever, 
was  not  an  absolute  guaranty  of  value,  and  so  govern- 
ments took  upon  themselves  the  power  to  coin  money, 
and  the  stamp  affixed  to  a  coin  is  a  pledge  by  tiie  govern- 
ment that  the  value  of  the  coin  is  what  it  purports  to  be. 

Monetary  System. — At  the  time  of  the  adoption  of  the 
Constitution  there  was  no  fixed  monetarv  system  in  the 
country.  Spanish  milled  dollars,  English  shillings  and 
other  foreign  coins  were  in  common  circulation.     The 


90  THE  FEDERAL  GOA^ERNMENT 

need  of  a  uniform  system  was  evident.  This  could  not 
be  obtained  by  leaving  it  to  the  States,  for  each  might 
adopt  a  different  standard  of  weight  or  purity.  So  the 
right  to  coin  money  was  granted  to  Congress,  together 
with  the  power  to  regulate  the  value  of  foreign  coins  in 
exchange  for  those  of  this  country.  Uniformity  resulted. 
The  dollar  is  the  same  in  all  sections  of  the  country, 
and  trade  is  carried  on  freely  without  the  necessity  of 
testing  the  purity  or  weight  of  coins.  The  Government 
does  its  coining  in  buildings  called  mints^  of  which  there 
are  several,  in  different  cities.  The  principal  one  is  at 
Philadelphia,  Pa. 

Systems  of  "Weights  and  Measures. — Although  uniform- 
ity in  Av eights  and  meisures  is  within  the  power  of  Con- 
gress, it  has  never  exercised  this  power  beyond  adopting 
for  the  use  of  custom  houses  the  English  system,  and 
legalizing  the  use  of  the  metric  system.  The  English 
system  is  in  general  use  throughout  the  country,  each 
State  government  compelling  the  instruments  used  within 
its  jurisdiction  to  conform  to  standards  furnished  by  the 
general  government.  In  scientific  work,  however,  the 
metric  system  is  largely  in  use,  and  there  is  a  growing 
opinion  that  for  the  sake  of  international  trade  it  should 
be  made  the  standard  of  the  country. 

Counterfeiting. — The  power  of  Congress  over  the  money 
of  the  country  would  be  practically  useless  were  it  not 
connected  with  another  power: 

To  provide  for  the  punishment  of  counterfeiting  the  securities 
and  current  coin  of  the  United  States.     (Art  I.,  Sec.  8,  CI.  6.) 

To  counterfeit  is  "to  copy  or  imitate  Avithout  authority 


LEGISLATIVE  POWERS  91 

or  right,  and  with  a  view  to  deceive  or  defraud  by  pass- 
ing the  copy  for  the  original  or  genuine. "  It  is  counter- 
feiting even  to  issue  a  coin  of  equal  weight  and  purity 
with  that  of  the  Government.  Under  the  power  to  bor- 
row money  there  have  been  issued  from  time  to  time 
bonds  or  promises  of  the  Government  to  pay  certain  sums 
of  money  at  certain  times.  These,  and  the  paper  cur- 
rency of  the  Government,  which  is  constantly  in  circula- 
tion, constitute  the  securities  of  the  United  States.  Be- 
sides these,  there  are  postal  and  internal  revenue  stamps. 
The  chief  value  of  all  these  depends  upon  their  genuine- 
ness, and  it  was  to  prevent  their  imitation  that  this 
power  was  given  to  Congress.  Counterfeiting  has,  there- 
fore, been  declared  a  crime,  and  severe  punishments  are 
prescribed  for  those  detected  in  it.  Nor  is  this  all.  The 
crime  is  considered  twofold,  as  against  the  Government 
and  as  against  the  people,  for  the  punishment  of  which 
,  latter  offense  the  several  States  have  also  enacted  laws. 

Postal  Service. — Congress  has  power  "  to  establish  post- 
offices  and  post-roads"  (Art.  I.,  Sec.  8,  CI.  7).  In  the 
exercise  of  this  power  the  Government  comes  in  direct 
contact  with  the  greatest  number  of  people.  The  hand- 
ling of  the  mails  is  a  matter  too  extensive  to  be  conducted 
satisfactorily  by  private  enterprise.  Formerly  communi- 
cations were  carried  by  slaves  or  other  messengers  ;  but 
the  development  of  trade,  necessitating  prompt  and  safe 
transmission  of  mails,  demanded  a  cheap  and  certain 
postal  service  available  to  the  general  public.  This  could 
best  be  obtained  by  giving  its  control  to  the  federal  gov- 
ernment. At  the  time  of  the  Constitutional  Convention 
this  power  was  not  deemed  of  particular  consequence. 


92  THE  FEDERAL  GOVERNMENT 

Madison,  spoke  of  it  as  "  a  harmless  power  which  may, 
perhaps,  b}^  judicious  management  become  productive  of 
great  public  convenience."  At  that  time,  however,  it 
took  four  weeks  to  send  a  letter  from  Philadelphia  to 
Boston  and  receive  a  reply,  and  the  rate  of  postage  was 
six  cents  for  an}"^  distance  less  than  thirty  miles,  with  a 
maximum  charge  of  twentv-five  cents  for  a  distance 
exceeding  four  hundred  and  fifty  miles. 

This  provision  includes  the  power  to  designate  the  vari- 
ous classes  of  mail  matter  and  fix  the  rates  of  postage,  to 
provide  for  the  transmission  of  money  by  post,  and 
through 'treaties  with  other  nations  arrange  for  the  for- 
warding of  mails  to  any  part  of  the  civilized  world. 
Through  its  extension  every  hamlet  has  been  provided 
with  a  post-office,  while  in  cities  and  many  rural  sections 
there  is  a  free  collection  and  delivery  of  mail.  All  roads 
within  a  State,  including  railroads,  canals  and  rivers, 
become  by  law  ' '  post-roads ' '  when  the  mail  is  trans- 
ported over  them,  and  whatever  may  be  the  obstruction 
to  ordinary  traffic,  whatever  mobs  may  do  to  impede  the 
passage  of  trains,  free  progress  is  given  to  the  stage  or 
train  which  carries  the  United  States  mail.  For  some 
officers  of  the  Government  in  the  conduct  of  official  busi- 
ness the  mail  is  carried  free.  This  is  called  a  frank  or 
franking  privilege;  and  severe  penalties  are  imposed 
upon  any  one  using  a  frank  for  other  than  official  busi- 
ness. Congress  has  also  made  laws  to  prevent  the  send- 
ing through  the  mails  of  explosives,  poisonous  insects  and 
reptiles  ;  publications,  pictures  and  communications  of  an 
immoral  character  ;  and  other  similar  abuses  of  the  postal 
service. 


LEGISLATIVE  POWERS  93 

Patents  and  Copyrights. — Another  poAver  given  to  Con- 
gress is: 

To  promote  the  progress  of  science  and  useful  arts,  by  securing 
for  limited  times  to  authors  and  inventors  the  exclusive  right  to 
their  respective  writings  and  discoveries.     (Art.  I.,  Sec.  8,  CI.  8.) 

This  is  exercised  by  the  granting  of  letters  patent  and 
copyrights.  The  idea  embodied  in  this  provision  arose 
from  a  desire  to  encourage  invention  and  research,  on 
the  theory  that  it  would  increase  the  general  welfare  of  the 
country.  If  new  inventions  became  at  once  free  to  the 
world,  it  was  seen  that  men  would  not  spend  the  time 
necessary  to  their  perfection,  and  the  development  of  the 
arts  would  be  impeded.  But  to  give  them  the  exclusive 
and  unending  benefit  of  their  discoveries  and  inventions 
was  deemed  unwise,  since  it  would  create  a  perpetual 
monopoly.     Therefore  the  privilege  was  limited. 

Letters  Patent. — Letters  jpatent  are  official  documents 
granting  to  the  recipient  or  his  representatives  the  sole 
right  for  the  period  of  seventeen  years  to  make,  use  and 
sell,  within  the  United  States  and  its  territories,  an  arti- 
cle invented  or  discovered  by  him.  A  person  making  an 
invention  can  either  obtain  a  patent  at  once,  or,  if  he 
desires  further  time  to  perfect  his  work,  can  protect  him- 
self for  the  period  of  one  year  by  taking  out  a  caveat. 
This  is  done  by  filing  in  the  Patent  Office  at  Washington 
a  description  of  his  invention.  If,  however,  he  desires  a 
patent,  he  must  make  application  in  writing  to  the  Com- 
missioner of  Patents  at  Washington,  fully  describing  his 
invention  and  its  purpose,  Avith  a  claim  as  to  its  novelty. 
Oftentimes   a  model   is   required   to   be   sent    with   thf 


94  THE  FEDERAL  GOVERNMENT 

application,  and  if  the  invention  or  discovery  is  a  com- 
pound or  composition  oi  matter,  the  applicant  may  be 
required  to  furnish  specimens  of  the  ingredients  suiRcient 
for  an  experiment.  If,  after  examination,  it  appears  that 
the  invention  is  novel  or  new,  a  patent  will  be  issued. 

Copyrights. — A  cojyyright  is  an  exclusive  privilege 
granted  to  a  person  or  his  representatives  for  the  period 
of  twenty-eight  years,  with  the  privilege  of  renewal  to 
himself  or  his  widow  or  children  for  the  further  term  of 
fourteen  years,  to  print,  publish,  make  or  sell  som.e  lit- 
erary or  artistic  production.  Copyrights  are  issued  upon 
books,  maps,  musical  and  dramatic  compositions,  paint- 
ings, engravings,  photographs,  statuary,  designs  and 
numerous  other  productions.  In  order  to  procure  a  copy- 
right the  applicant  must,  before  publication,  deliver  or 
mail  to  the  Librarian  of  Congress  at  Washington  a 
printed  copy  of  the  title  page  of  the  book  or  description 
of  the  article,  upon  which  an  entry  of  the  copyright  is 
made  in  the  official  records.  Within  ten  days  after  the 
publication  he  must  also  deliver  to  the  Librarian  of  Con- 
gress two  copies  of  the  book  or  composition ;  or  if  a  paint- 
ing, engraving,  statue  or  design,  a  photograph  thereof. 
To  protect  himself  in  his  production  he  is  required  to 
print  on  the  title  page  of  the  book  or  the  one  next  fol- 
lowing, or  upon  some  conspicuous  place  on  his  map,  de- 
sign, picture  or  other  article,  the  following:  "Entered 
according  to  act  of  Congress  in  the  year  [date]  by  [name] 
in  the  office  of  the  Librarian  of  Congress,"  or  the  words, 
"Copyright  [date]  by  [name]." 

Infringements. — The  issuance  of  a  patent  or  a  copyright 
is  not  an  absolute  guaranty  by  the  Government  of  the 


LEGISLATIVE  POWEES  95 

rights  described  in  it.  For  if  there  has  been  a  prior  pat- 
ent or  copyright  which  covers  the  same  invention  or  pub- 
lication, the  subsequent  patentee  or  holder  of  the  copy- 
right obtains  no  right  to  manufacture,  publish  or  sell  the 
invention  or  publication,  and  in  case  he  does  so,  he  is  liable 
to  a  prosecution  for  infringement  in  the  United  States 
courts,  and  the  payment  of  damages. 

Exterritorial  Power. — Power  is  also  given  to  Congress 
to 

define  and  punish  piracies  and  felonies  committed  on  the  high 
seas,  and  offenses  against  the  law  of  nations.  (Ai't.  I.,  Sec.  8, 
CI.  10.) 

Piracy  is  defined  as  "robbery  or  forcible  depredation  on  the 
high  seas  without  lawful  authority."  On  land  the  crime  of  highway 
robbery  corresponds  to  it. 

High  Sea  is  the  uninclosed  portion  of  the  ocean,  three  miles  out- 
side of  the  general  line  of  the  coast.  A  felony  is  a  crime  of  a  high  order 
whose  punishment  is  death  or  long  imprisonment. 

Law  of  Nations  is  the  system  of  justice  recognized  by  civilized 
nations  as  that  which  ought  to  control  their  intercourse  with  each 
other. 

The  provision  relating  to  offenses  against  the  Law  of 
Nations  has  been  judicially  held  to  apply  to  offenses  on 
the  high  seas,  but  the  language  of  the  Constitution  would 
seem  to  bear  a  broader  interpretation. 

This  power  was  given  to  Congress  because  such  matters 
were  beyond  the  control  of  the  several  States,  and  because 
in  our  relations  with  other  nations  the  national  govern- 
ment is  held  responsible  for  all  infringements  of  their 
rights  or  those  of  their  subjects;  and  unless  power  resided 
in  the  Government  to  punish  such  offenses,  frequent  con- 
troversies would  result  and  become  a  constant  menace  to 
our  peaceful  relations. 


96  THE  FEDERAL  GOVERNMENT 

For  the  purpose  of  supplying  courts  for  the  trial  of 
piracies  and  other  crimes  in  violation  of  the  United  States 
statutes,  Congress  was  authorized  "  to  constitute  tribunals 
inferior  to  the  Supreme  Court"  (Art.  I.,  Sec.  8,  CI.  9). 
Of  these  courts  and  their  jurisdiction  mention  will  be 
made  in  a  later  chapter.     (See  pages  159,  165.) 

Citizenship. — One  of  the  perplexing  questions  during 
our  national  life  has  been  that  relating  to  citizenship. 
For  man}^  years  it  was  generally  maintained  that  there 
was  no  such  distinctive  character  as  that  of  "  a  citizen  of 
the  United  States."  The  title  "  citizen  of  a  State  "  was 
long  recognized,  and  as  such  a  person  was  considered  a 
citizen  of  the  United  States.  But  this  excepted  from 
citizenship  all  residents  of  the  Territories  and  the  District 
of  Columbia,  these  not  being  States.  This  question  was 
removed  by  the  adoption  of  Amendment  XIV.,  which 
provided  that: 

All  persons  born  or  naturalized  in  the  United  States,  and  subject 
to  the  jurisdiction  thereof,  are  citizens  of  the  United  States  and  of 
the  State  wherein  they  reside.     (Sec.  1.) 

Citizenship  implies  correlative  obligations;  that  is,  alle- 
giance, or  fidelity  and  obedience  on  the  part  of  the  citi- 
zen, and  protection  on  the  part  of  the  Government.  Thus 
a  citizen  of  the  United  States  owes  to  the  Government 
certain  duties,  as  sharing  in  its  defense  and  support  and 
aiding  in  the  execution  of  its  laws.  Since  in  our  rela- 
tions with  foreign  powers  we  are  not  recognized  as  indi- 
vidual States,  but  as  a  nation,  an  American  citizen  is 
everywhere  entitled  to  demand  the  support  and  protec- 
tion of  the  full  power  of  the  United  States. 


LEGISLATIVE  TOWERS  97 

Determination  of  Citizenship. — Citizenship  is  determined 
in  two  ways.  First,  all  persons  are  citizens  who  are  born 
within  the  United  States  and  subject  to  its  jurisdiction. 
This  provision  includes  people  of  all  races  and  of  both 
sexes,  except  Indians.  It  also  includes  children  of  Ameri- 
cans who  at  the  time  of  their  birth  are  temporarily  with- 
out the  country,  but  it  does  not  include  children  of  for- 
eign representatives  or  travelers  born  when  the  parents 
are  temporarily  residing  within  the  United  States.  Sec- 
ond, all  persons  are  citizens  who  are  naturalized  within 
the  United  States.  IS^aturalization  is  restricted  by  law 
to  persons  of  the  white  and  black  races,  and  Japanese, 
Chinese  and  others  are  excluded. 

Naturalization. — Naturalization  is  the  process  by  which 
a  citizen  or  subject  of  a  foreign  nation  is  made  a  citizen 
of  the  United  States.  The  only  privilege  of  a  native-born 
citizen  which  a  naturalized  citizen  does  not  possess  is 
that  the  former  is  qualified  to  become  President  or  Vice- 
President  of  the  United  States.  It  may  be  observed  that 
citizenship  and  the  right  of  suffrage  are  separate  and 
distinct  rights.  The  first  is  granted  by  the  general  gov- 
ernment, the  latter  by  the  States.  Citizenship  does  not 
depend  upon  age  or  sex,  two  conditions  which  generally 
determine  the  right  to  vote. 

Rules  of  Naturalization. — For  the  purpose  of  conferring 
citizenship,  Congress  is  empowered  "  to  establish  an  uni- 
form ride  of  naturalization  "  (Art.  I.,  Sec.  8,  CI.  4).  This 
rule  is  briefly  as  follows: 

A  foreigner,  residing  within  this  country,  Icnown  as  an  alien, 
is  required  : 

1.  To  declare  on  oath  before  a  Circuit  or  District  Court  of  the 
7 


98  THE  FEDERAL   GOVERNMENT 

United  States,  or  a  Court  of  Record  of  a  State,  two  years  prior  to 
his  naturalization,  that  it  is  his  intention  to  become  a  citizen  and 
that  he  renounces  allegiance  to  every  foreign  state. 

2.  He  must  at  the  same  time  swear  to  support  the  Constitution 
of  the  United  States. 

3.  After  a  residence  of  five  years  within  the  country  and  at 
least  two  years  after  declaring  his  intention,  the  alien  may  be 
fully  admitted  to  citizenship  by  presenting  to  one  of  the  above- 
mentioned  courts  proof  of  the  declaration  of  his  intention,  of  his 
residence  within  the  country  for  five  years  and  within  the  State 
for  one  year,  and  of  a  good  moral  character  ;  and 

4.  He  must,  at  such  time  and  place,  renounce  any  title  or  order 
of  nobility  which  he  may  possess. 

The  Court,  if  satisfied,  then  makes  an  order  declaring  him  to 
be  a  citizen,  and  there  is  issued  to  the  applicant  a  certificate  to 
that  effect,  which  is  in  every  place  evidence  of  his  citizenship. 
This  rule  a^jplies  to  both  males  and  females,  but  there  are  certain 
exceptions  in  the  case  of  aliens  not  more  than  eighteen  years  of 
age  at  the  time  of  their  arrival  in  this  country,  and  a  fui'ther 
exception  which  extends  citizenship  to  all  children  who  are  minors 
at  the  time  of  the  parent's  naturalization. 

Rights  of  Citizens. — We  have  seen  the  privileges  attend- 
ing citizenshi})  in  our  relations  with  foreign  powers. 
There  are  also  domestic  privileges. 

The  citizen  of  each  State  shall  be  entitled  to  all  the  privileges 
and  immunities  of  citizens  in  the  several  States.  (Art.  IV. ,  Sec. 
2,  CI.  1.) 

A  person  removing  from  one  State  xo  another  is  en-" 
titled  in  his  new  home  to  all  the  rights — social,  civil  and 
religions — that  he  would  have  possessed  had  he  been  born 
there.  But  as  he  takes  up  these  new  rights,  he  must  re- 
linquish those  of  his  old  home.  To  illustrate:  In  Kansas, 
women  can  vote.  In  New  York  they  cannot.  If  a  ]S'ew 
York  woman  should  remove  to  Kansas,  she  would  there 


LEGISLATIVE  POWERS  99 

be  entitled  to  the  right  of  suffrage.  But  if  a  Kansas  Avonian 
removed  to  ISTew  York,  she  would  not  be  permitted  to 
Tote  in  the  latter  State.  This  principle  applies  to  all 
relations  of  life.  No  State  can  make  laAvs  or  grant  rights 
that  extend  beyond  its  borders.  IS^or  can  it  establish 
rules  to  prevent  people  from  coming  there  to  live,  nor 
impose  upon  such  new-comers  restrictions  which  are  not 
equally  binding  upon  its  own  citizens.  Lest,  however, 
any  question  should  ever  arise,  particularly  in  reference 
to  the  freedmen,  there  was  inserted  in  Amendment  XIV. 
the  provision  that: 

No  State  shall  make  or  enforce  any  law  rvhich  shall  abridge 
the  privileges  or  immunities  of  citizens  of  the  United  States  ; 
.     .     .     (Sec.  1.) 

National  Bankruptcy  Laws. — Another  important  poAver 
of  Congress  is  to  establish 

uniform  laws  on  the  subject  of  bankruptcies  throughout  the 
United  States.     (Art.  I.,  Sec.  8,  CI.  4.) 

It  is  a  fundamental  principle  of  business  that  all  men 
should  pay  their  just  debts.  In  no  other  way  can  trade 
be  conducted  with  profit  and  security.  Yet  there  come 
times  when  under  strained  financial  conditions  honest 
men  throughout  the  countrv  cannot  meet  their  obliga- 
tions.  Pressure  by  ordinary  legal  methods  would  not  be 
able  to  force  collections,  but  would  cause  great  hardships 
and  oftentimes  discouragement,  to  the  debtor,  a  condition 
injurious  both  in  business  and  civil  relations.  It  has 
therefore  been  deemed  expedient  from  time  to  time  to 
relieve  debtors  under  certain  conditions  by  compelling 


100       THE  FEDERAL  GOVERNMENT 

creditors  to  receive  all  a  debtor's  property  in  full  satisfac- 
tion of  his  debts,  even  though  much  less  in  amount,  thus 
reestablishing  credit  and  encouraging  worthy  men  in 
their  quest  for  wealth.  Such  laws  existed  in  Greece  and 
Rome  ;  England  has  had  them  for  many  years  ;  and 
before  the  Revolutionary  War  bankruptcy  laws  existed  at 
various  times  in  several  of  the  colonies.  In  our  own 
national  history  there  have  been  four  acts  of  this  char- 
acter— in  1800,  1841,  1867,  and  the  present  one,  which 
went  into  effect  July  1,  1898. 

A  Bankruptcy  Law  is  one  which  discharges  a  debtor  from  Ha- 
bihty  for  past  debts  upon  the  surrender  by  him  of  all  his  property  for 
the  benefit  of  his  creditors. 

An  Insolvent  is  a  person  whose  property,  other  than  that  con- 
cealed or  transferred  to  defraud  creditors,  is  not  sufficient  at  a  fair  \alu- 
ation  to  pay  his  debts. 

A  Bankrupt  is  such  a  person,  when  so  declared  by  the  courts,  after 
surrendering  his  property  to  be  applied  upon  his  debts. 

Proceedings  in  Bankruptcy:  Bankruptcy  is  either  voluntary  or 
involuntary;  that  is,  the  insolvent  may  file  a  petition  with  the  court 
giving  a  complete  list  of  his  property,  a  statement  of  his  debts,  to  whom 
owed,  and  his  inability  to  pay  them  and  asking  to  be  adjudged  a  bank- 
rupt ;  or  creditors  of  an  insolvent  may  file  such  a  petition,  in  which  they 
set  forth  the  financial  condition  of  the  insolvent  and  the  performance 
by  him  of  certain  so-called  "acts  of  bankruptcy,"  such  as  secreting 
his  property  with  the  intent  to  defraud  his  creditors,  and  ask  that  he 
be  adjudged  a  bankrupt.  These  petitions  must  be  under  oath.  After 
an  investigation  into  the  facts  presented  bj^  the  petition,  the  court  may 
or  may  not  adjudge  the  person  a  bankrupt.  If  it  does,  the  creditors 
are  allowed  to  prove  their  claims  against  him,  and  usually  a  trustee  of 
his  property  is  appointed,  who,  under  the  direction  of  the  court,  takes 
charge  of  the  bankrupt's  property,  collects  and  reduces  it  to  money, 
and  distributes  it  in  the  following  manner — to  pay: 

1.  Taxes  due  to  the  United  States,  State,  county,  town  or  city. 

2.  Costs  of  the  proceedings. 

3.  Wages  to  workmen. 

4.  Debts. 


LEGISLATIVE  POWERS  101 

After  such  distribution,  and|  within  twelve  months  after  he  has 
been  declared  a  bankrupt,  the  court,  if  satisfied  of  his  honesty  and  good 
conduct,  may  order  his  discharge  from  bankruptcy,  after  which  he 
may  begin  again  the  acquisition  of  property  without  fear  of  its  being 
taken  to  satisfy  his  former  obligations. 

State  Bankruptcy  Laws. — The  ]iowcr  to  enact  bankruptcy 
laws  is  not  exclusively  vested  in  (~ons:riess.\,FA;cna;tim6 
to  time  States  have  passed  such  laws,  and  it  has  been  held 
by  the  courts  that  they  arc  constitutional  except  when 
the  power  is  actually  being  exercised  by  Congress,  or  the 
State  laws  conflict  with  those  of  the  national  govern- 
ment. 

Military  Powers. — One  of  the  experiences  common  to 
all  nations  is  war.  In  178Y  we  were  but  recently  through 
with  the  Revolution,  and  the  necessity  of  war  powers  in 
the  general  government  was  very  evident.  Under  the 
Articles  of  Confederation,  Congress  had  the  right  to  make 
requisitions  of  men  upon  the  several  States,  but  no  power 
to  enforce  them.  Such  a  system  was  inherently  weak, 
and  might  have  resulted  in  disaster  had  it  not  been  for 
the  patriotism  of  the  people.  To  remedy  this  defect,  and 
to  take  war  powers  away  from  the  several  States,  whoso 
hasty  action  might  involve  the  whole  country  in  conflict, 
Congress  was  given  power: 

To  declare  war,  grant  letters  of  marque  and  reprisal,  and  make 
rules  concerning  ca])tures  on  land  and  water;  [For  definition  of 
letters  of  marque  and  reprisal,  see  page  196.] 

To  raise  and  suppoi-t  armies,  but  no  ap))ropriation  of  money  to 
that  use  shall  be  for  a  longer  term  than  two  years; 

To  provide  and  maintain  a  navy; 

To  make  rules  for  the  government  and  regulation  of  the  land 
and  naval  forces; 


102        THE  FEDERAL  GOVEENMENT 

To  provide  foi*  calling  forth  the  militia  to  execute  the  laws  of 
the  Union,  suppress  insurrections  and  repel  invasions; 

To  provide  for  organizing,  arming,  and  disciplining,  the  militia, 
and  for  governing  such  part  of  them  as  may  be  employed  in  the 
service  of  the  United  States,  reserving  to  the  States  respectively, 
the  apfpointment  .of  t  hv  officers,  and  the  authority  of  training  the 
militia  according  to  the  discipline  prescribed  by  Congress.  (Art. 
I„  See..8,.GL  n;  12,  13,  14,  15,  16.) 

Army. — ^Incident  to  the  power  to  declare  war,  and  nec- 
essary to  give  it  effect,  is  the  power  to  raise  and  support 
armies.  This  inckides  the  raising  of  troops  by  enlistment 
(voluntary  enrollment)  or  by  conscription  (forced  enroll- 
ment), the  determination  of  their  number  and  service, 
purchase  of  supplies  and  arms,  construction  of  fortifica- 
tions, arsenals,  barracks  and  hospitals,  instruction  of 
officers  and  men  in  schools  and  otherwise,  and  the  per- 
formance of  any  other  acts  necessary  to  organize  efficient 
armies.  But,  mindful  of  the  powers  which  armies 
had  assumed  in  the  past  and  fearful  of  their  repetition, 
there  was  added  the  provision  that  approj)riations  should 
not  be  made  for  a  longer  term  than  two  years.  Money 
is  a  necessity  for  an.  army.  Without  power  of  acquiring 
property,  it  is  dependent  for  its  support  upon  the  people, 
and  they,  under  this  provision,  through  their  represent- 
atives, can  control  its  existence  by  granting  or  refusing 
to  grant  supplies. 

Navy. — The  power  to  provide  a  navy  was  necessary  on 
account  of  our  extended  seacoast  and  the  ambition  of  the 
people  to  engage  in  commerce.  This  power  includes  the 
enrollment  of  seamen,  the  construction  of  vessels,  the 
establishment  of  navy  yards  and  docks,  the  purchase  of 
supplies  and  munitions,  the  instruction  of  officers  and 


.     LEGISLATIVE  POWERS  103 

men  in  schools  or  otherwise,  and  the  performance  of  any 
other  acts  necessary  to  make  an  efficient  navy. 

The  MiUtary  Law. — As  the  array  and  navy  are  created 
by  the  general  government,  Congress  was  given  the  power 
to  make  regulations  for  their  government.  This  has  been 
done  by  the  enactment  of  a  code  of  rules,  called  the 
"Military  Law, "  which  prescribes  tactics  and  arrangement 
of  troops,  classifies  officers  and  men,  regulates  the  pay  of 
the  service,  defines  military  and  naval  offenses,  and  pro- 
vides for  the  punishment  of  offenders  by  the  creation  of 
tribunals  called  "courts-martial"  and  by  the  establish- 
ment of  their  jurisdiction  and  procedure. 

Militia. — There  has  ahvays  been  in  this  country  a  fear 
of  a  large  standing  army — that  is,  a  disciplined  body  of 
men  whose  sole  occupation  is  military  service — and  it 
has  been  the  policy  of  the  Government  to  maintain  only 
a  small  military  force  to  do  police  duty  among  the  Indians 
and  guard  the  frontiers.  If  a  greater  force  was  needed, 
it  was  believed  that  the  best  defenders  of  the  country 
were  its  citizens  who  have  homes  and  property  to  protect. 
So  the  main  reliance  of  the  country  has  been  upon  its 
militia,  which  is  defined  as  consisting,  with  a  few  excep- 
tions, of  "  every  able-bodied  male  citizen  of  the  respective 
States  who  is  of  the  age  of  eighteen  years  and  under  the 
age  of  forty-five  years."  And  this  body  Congress  was 
given  power  to  call  out — to  execute  the  laws  of  the  United 
States,  to  suppress  insurrections  and  to  repel  invasions. 
By  virtue  of  this  provision  Congress  has  conferred  upon 
the  President  power  to  summon  the  militia,  which  then 
becomes  a  part  of  the  military  force  of  the  United  States 
and  subject  to  the  regulations  of  the  Military  Law. 


104:  THE  FEDERAL  GOVERNMENT 

Organization  of  Militia. — Such  a  force,  composed  of 
men  engaged  in  civil  pursuits,  would  be  useless  unless 
armed  and  trained  ;  so  to  Congress  was  given  the  power, 
which  it  has  exercised  in  various  ways,  of  preparing  the 
people  for  military  duty,  particularly  by  the  establish- 
ment of  uniform  tactics  and  rules  for  drills  and  instruc- 
tion, which  action  has  been  further  extended  by  the 
States.  Profiting  by  the  experience  of  the  Eevolution, 
in  which  the  militia  often  refused  to  obey  oiRcers  other 
than  those  from  their  own  States,  it  was  provided  that 
the  appointment  of  the  regimental  officers  of  the  militia 
should  be  left  entirely  to  the  several  States. 

Federal  Territory. — Congress  had  not  always  held  its 
meetings  at  the  same  place,  but  had  met  at  various  cities. 
This  made  the  Government  dependent  for  support  and 
protection  upon  the  State  in  which  it  met.  These  were 
not  always  afforded,  as  when  on  an  occasion  Congress 
was  forced  to  adjourn  its  sitting  at  Philadelphia  and  con- 
tinue it  at  Princeton  (June  21,  1783).  To  the  end  that 
the  Government  might  have  a  permanent  seat,  the  State 
of  Maryland  granted  to  it  a  tract  of  land  on  the  north- 
ern bank  of  the  Potomac,  known  as  the  District  of 
Columbia,  in  which  is  the  capital  city,  where  are  lo- 
cated the  Capitol,  the  official  residence  of  the  President, 
known  as  the  "  White  House,"  and  the  offices  of  the  vari- 
ous departments  of  the  Government.  Besides  this  tract 
there  are  various  places  throughout  the  country  where 
Congress  has  purchased  lands  and  erected  arsenals,  navy 
yards,  military  posts,  forts  and  other  buildings  needful  for 
the  conduct  of  the  government.  Over  all  these  places  Con- 
gress has  exclusive  jurisdiction.     For  it  was  given  power: 


LEGISLATIVE  POWERS  105 

To  exercise  exclusive  legislation  in  all  cases  whatsoever,  over 
such  district  (not  exceeding-  ten  miles  square)  as  may,  by  cession 
of  particular  States,  and  the  acceptance  of  Congress,  become  the 
seat  of  the  government  of  the  United  States,  and  to  exercise  like 
authority  over  all  places  purchased  by  the  consent  of  the  legis- 
lature of  the  State  in  which  the  same  shall  be,  for  the  erection  of 
forts,  magazines,  arsenals,  dock-yards,  and  other  needful  build- 
ings.    (Art.  I.,  Sec.  8,  CI.  17.) 

This  jurisdiction  must  be  recognized  by  the  State  in  its 
cession,  otherwise  it  does  not  exist.  The  inhabitants  of 
such  places  cease  to  be  citizens  of  the  State,  but  retain 
their  United  States  citizenship. 

General  Powers. — The  foregoing  are,  in  the  main,  the 
specific  powers  granted  to  Congress.  Other  grants  will 
be  found  in  other  sections  of  the  Constitution,  and  they 
will  be  considered  in  their  proper  places.  These  powers 
contain  in  themselves  the  riglit  to  employ  all  means  nec- 
essary to  their  execution.     It  has  been  said: 

However  government  is  constituted,  infinitely  the  greater  part 
of  it  must  depend  on  the  exercise  of  powers  wliich  are  left  at 
large  to  the  prudence  and  uprightness  of  ministers  of  state. 

It  was  not  practicable  to  enumerate  all  the  means  which 
Congress  might  employ  in  the  exercise  of  its  powers. 
But  to  satisfy  any  doubt,  it  was  provided  that  Congress 
should  have  power: 

To  make  all  laws  which  shall  be  necessary  and  proper  for 
carrying  into  execution  the  foregoing  powers,  and  all  other 
powers  vested  by  this  Constitution  in  the  government  of  the 
United  States,  or  in  any  department  or  officer  thereof.  (Art.  I., 
Sec.  8,  CI.  18.) 

Implied  Powers. — About  these  powers  have  been  waged 
many  fierce  political  conflicts  ;  and  upon  the  laws  enacted 


106 


THE  FEDERAL  GOVERNMENT 


under  tliem  have  arisen  some  of  tlie  most  noted  legal 
questions  of  our  history.  The  courts  have  decided  in 
favor  of  the  existence  of  broad  powers  in  Congress,  and 
some  of  the  most  radical  legislation  of  the  country  has 
been  enacted  and  sustained  under  such  decisions.  Thus, 
under  the  provision  granting  the  power  to  borrow  money, 
it  has  been  held  that  Congress  could  establish  national 
banks,  a  large  part  of  whose  capital  must  be  invested  in 
national  securities,  by  which  a  demand  for  them  is  cre- 
ated and  governmental  borrowing  is  made  easier.  So, 
also,  to  carry  out  the  various  enumerated  powers,  the 
courts  have  declared  that  Congress  could  enact  laws  incor- 
porating railroads,  purchasing  foreign  territory,  making 
United  States  notes  legal  tender,  establishing  a  protective 
tariff  and  performing  many  other  acts  broader  and  more 
important  than  those  authorized  by  express  provision. 


POWERS   OF   CONGRESS. 


Civil. 


liaise 


revenue 


Regulate 
commerce 


Taxation 


Capitation. 
Direct      \  Land. 

Personal  property. 

Duties  on  j  Specific. 
Indirect  \      imports  (  Ad  valorem. 

Excises. 


Borrow  money. 

Make  shipping  regulations. 
Imj)rove  harbors. 
Buikl  lighthouses. 
Install  life-saving  stations. 
License  pilots. 
Establish  quarantines,  etc. 
Between  States. 
With  Indians. 


Foreign 

and 
Domestic 


Domestic 


LEGISLATIVE  POWERS 


107 


Maintain 
business 
stability 


Regulate 
postal 
service 

Encourage 

science  and 

useful  arts 

Define 

crimes 


Minting. 
Coinage     ■{  Regulation  of  \  Foreign. 

coin  values  (  Domestic. 
Weights  and  measures. 
Bankruptcy  laws. 

Carriage  of  mails. 

Postage. 

Post-offices. 

Post-roads. 

Postage. 

Caveat. 

Letters  patent. 


Foreign 


Domestic 


Patents       -j 
Copyrights. 


Exterri- 
torial 


Piracy. 

Felonies  on  the  high  seas. 
Crimes  against  the  law  of  nations. 
Monev. 


Territorial — Counterfeiting  i  ^ 

*  (  Securities, 


Regulate       j  By  defining  citizenship. 
citizenship  \  By  naturalization. 


Govern 
territory  . 

(obtained    from 
Status) 


For   seat   of    government   (less  than   10   miles 

square) . 
For  forts,  magazines,  arsenals,  dock-yards  and 


other  buildings. 


Military. 

Declare  war. 

Grant  letters  of  marque  and  reprisal. 

Make  rules  as  to  captures      ■]    4  ^  . 

Raise  and  support  armies     )    .     ,       ,         ,      „ 

■'  ^  >•  And  make  rules  for  governing. 


Build  and  maintain  a  navy 


Organize  and  call 


out  militia 


(  Execute  federal  laws. 
<  Suppress  insurrections. 
(  Repel  invasions. 


5.  LEQISLATIVB  PROHIBITIONS. 

Divisions. — Besides   the   granting    of    poAA^ers,    certain 
legislative  prohibitions  were  imposed  by  the  Constitution. 


108        THE  FEDERAL  GOVERNMENT 

These  prohibitions,  with  the  exception  of  those  contains  1 
in  the  Amendments,  are  found  in  the  ninth  and  tenth 
sections  of  Article  I.  They  may  be  divided  into  three 
classes  :  (1)  Those  relating  to  the  federal  government 
only.  (2)  Those  which  apply  to  both  federal  and  state 
governments.    (3)  Those  relating  to  the  States  only. 

Some  of  these  have  been  already  considered,  as  Sec- 
tion 9,  Clauses  4,  5  and  6,  and  Section  10,  Clause  2.  (See 
pages  82,  87  and  88.) 

(1)  The  Prohibitions  upon  the  Federal  Government. 

Slavery. — The  migration  or  importation  of  such  persons  as  any 
of  the  States  now  existing  shall  think  pi'oper  to  admit,  shall  not 
be  prohibited  by  the  Congress  prior  to  the  year  one  thousand  eight 
hundred  and  eight,  but  a  tax  or  duty  may  be  imposed  on  such 
importation,  not  exceeding  ten  dollars  for  each  person.  (Art.  I., 
Sec.  9,  CI.  1.) 

This  provision  was  the  result  of  a  compromise  in  the 
Constitutional  Convention  between  the  delegates  of  those 
States  favoring  slavery  and  those  in  which  the  system 
was  already  prohibited  or  was  fast  dying  out.  Its  im- 
portance passed  away  with  the  extinction  of  slavery  by 
the  Civil  War. 

Habeas  Corpus. — The  privileges  of  the  writ  of  habeas  corpus 
shall  not  be  suspended,  unless  when  in  cases  of  rebellion  or  inva- 
sion the  public  safety  may  require  it.     (Art.  I.,  Sec.  9,  CI.  2.) 

This  right,  as  we  have  seen  (page  22),  was  established 
early  in  the  growth  of  English  institutions.  The  power 
to  suspend  it  had,  in  the  past,  been  much  abused  by  tyran- 
nical rulers,  and  it  was  to  avoid  such  misuse  by  this  Gov- 
ernment that  the  provision  Avas  enacted,  which  did  not 


LEGISLATIVE  PROHIBITIONS  109 

entirely  destroy  the  power  of  suspension,  but  limited  it 
to  times  of  extreme  necessity. 

Direct  Taxes. — No  capitation,  or  other  direct,  tax  shall  be  laid, 
unless  in  proportion  to  the  census  or  enumeration  hereinbefoi'e 
du'ected  to  be  taken.     (Art.  I.,  Sec.  9,  CI.  4.     See  page  82.) 

Appropriations. — No  money  shall  be  drawn,  from  the  Treasury 
but  in  consequence  of  appropriations  made  by  law ;  and  a  regular 
statement  and  account  of  the  receipts  and  expenditures  of  all 
public  money  shall  be  published  from  time  to  time.  (Art.  I., 
Sec.  9,  CI.  7.) 

An  appropinatton  is  an  act  providing  for  the  expendi- 
ture of  a  certain  sum  of  money  to  be  drawn  from  the 
treasury,  and  stating  the  purpose  for  which  it  shall  be 
expended.  It  has  been  seen  that  Congress  possesses  the 
power  of  taxation.  It  follows  that  this  branch  of  the 
government  should  disburse  the  funds  so  raised,  for  Con- 
gress directly  represents  the  taxpayers.  This  prohibition 
is  particularly  a  restriction  upon  the  Executive  Branch, 

Preferred  Ports. — No  preference  shall  be  given,  by  any  regula- 
tion of  commerce  or  revenue  to  the  ports  of  one  State  over  those 
of  another;  nor  shall  vessels  bound  to,  or  from,  one  State,  be 
obliged  to  enter,  clear,  or  pay  duties  in  another.  (Art.  I.,  Sec.  9, 
CI.  6.     See  page  88.) 

(2)  The  Pkohibitions  applicable  to  both  the  United 

States  and  States. 

Bills  of  Attainder  and  Ex  Post  Facto  Laws.— No  bill  of  at- 
tainder or  ex  post  facto  law  shall  be  passed.  (Art.  I.,  Sec.  9,  CI.  3.) 

No  State  shall  .  .  .  pass  any  bill  of  attainder,  ex  post  facto 
law,     .     .     .     (Art.  I.,  Sec.  10,  CI.  1.) 

A  hill  of  attainder  is  a  legislative  act  which  imposes  a 


110        THE  FEDERAL  GOVERNMENT 

punishment  without  a  judicial  trial.  If  the  punishment 
be  less  than  death,  the  act  is  termed  a  hill  of  pains  and 
penalties.  "Within  the  meaning  of  the  Constitution,  bills 
of  attainder  include  bills  of  pains  and  penalties. 

Formerly  bills  of  attainder  were  extensively  used  to 
overawe  the  people  and  keep  them  in  subjection.  The 
struggles  incident  to  the  rise  of  English  liberties  were 
marked  by  many  examples  of  their  arbitrary  use,  par- 
ticularly the  "Great  Act  of  Attainder"  of  1688,  which 
comprised  a  list  of  over  two  thousand  persons.  The  chief 
severity  of  the  punishment  in  such  cases  was  that  the  con- 
demned person  w^as  rendered  incapable  of  inheriting  prop- 
erty from  an  ancestor  or  of  transmitting  it  to  his  children. 

Bills  of  attainder  are  unjust  in  the  highest  degree,  in 
that  they  deprive  men  of  life,  liberty  or  property  without 
a  trial,  and  often  without  proof  of  guilt  or  the  opportu- 
nity of  defense.  In  an  early  case  a  justice  of  the  Supreme 
Court  said: 

It  [this  prohibition]  very  probably  arose  from  the  knowledge 
that  the  Parliament  of  Great  Britain  claimed  and  exercised  the 
power  to  pass  such  laws,  .  .  .  The  ground  for  the  exercise 
of  such  legislalive  power  was  this,  that  the  safety  of  the  kingdom 
depended  on  the  death,  or  other  i)unishment,  of  the  offender. 
With  few  exceptions,  the  advocates  of  such  laws  were  stimulated 
by  ambition  or  personal  resentment  and  malice.  To  prevent  such 
and  similar  acts  of  violence  and  injustice,  I  believe  the  federal 
and  state  legislatm-es  were  prohibited  from  passing  any  bill  of 
attainder. 

An  ex  ijost  facto  law  is  a  criminal  law.  It  is  defined 
by  the  Supreme  Court  of  the  United  States  as: 

Every  law  that  makes  an  action  done  before  the  passage  of  the 
law,  and  which  was  innocent  when  done,  criminal  and  punishes 
such  action ; 


LEGISLATIVE  PROHIBITIONS  111 

Every  law  that  aggravates  a  crime,  or  makes  it  greater  than 
it  was  when  committed ; 

Every  law  that  changes  the  punishment  and  inflicts  a  greater 
punishment  than  the  law  annexed  to  the  crime  when  committed ; 

Every  law  that  alters  the  legal  rules  of  evidence  and  receives 
less  or  ditferent  testimony  than  the  law  required  -at  the  time  of 
the  commission  of  the  offense,  in  order  to  convict  the  offender. 

Such  laws  are  manifestly  unjust  and  oppressive.  For 
with  the  possibility  of  their  enactment  no  man  is  secure 
in  his  life,  his  liberty  or  his  property.  The  most  inno- 
cent act  of  to-day  may  by  the  law  of  to-morrow  be  de- 
clared a  grave  offense  and  be  visited  with  extreme  pun- 
ishment.    Chief  Justice  Marshall  has  said : 

The  legislature  is  prohibited  from  passing  a  law  by  which  a 
man's  estate  or  any  part  of  it  shall  be  seized  for  a  crime  which  was 
not  declared  by  some  provision  of  law,  to  render  him  liable  to 
that  punishment. 

Titles  of  Nobility. — No  title  of  nobility  shall  be  granted  by  the 
United  States;  and  no  person  holding  any  office  of  profit  or  trust 
under  them,  shall,  without  the  consent  of  the  Congress,  accept  of 
any  present,  emolument,  office,  or  title,  of  any  kind  whatever, 
from  any  king,  prince,  or  foreign  State.     (Art.  I.,  Sec.  9,  CI.  8.) 

No  State  shall  .  .  .  grant  any  title  of  nobility.  (Art.  I., 
Sec.  10,  CI.  1.) 

Nobility  is  an  adjunct  of  royalty,  and  titles  create  class 
distinction,  which  is  contrary  to  the  provision  of  the  Dec- 
laration of  Independence,  which  declares  that  "  all  men 
are  created  free  and  equal,"  and  is  antagonistic  to  the 
institutions  of  a  republic,  which  depends  for  its  life  upon 
the  absolute  equality  of  all  the  people. 

In  the  same  spirit  is  that  part  of  the  prohibition  rela- 
tive to  officers  of  the  government.  The  duty  to  the  Clov- 
ernment  should  be  paramount  to  all  others.     Oftentnnes 


112       THE  FEDERAL  GOVERNMENT 

the  prosperity,  if  not  the  very  existence,  of  the  nation 
dejicnds  upon  the  loyalty  of  its  representatives  and 
officers.  To  guarantee  fidelity  to  this  trust,  the  provision 
was  made  so  as  to  prevent  them  from  being  bribed  and 
their  official  acts  influenced  l)v  foreign  states.  From 
time  to  time  various  nations  and  ralers  have  made  pres- 
ents to  our  presidents  and  other  officials,  but  these  have 
been  surrendered  to  the  Government,  and  are  preserved 
in  the  ISTational  Museum  at  Washington. 

(3)  The  Prohibitions  upon  the  States. 

Miscellaneous.— No  State  shall  enter  into  any  treaty,  alliance, 
or  confederation  ;  grant  letters  of  marque  and  reprisal  ;  coin 
money  ;  emit  bills  of  credit  ;  make  anything  but  gold  and  silver 
coin  a  tender  in  payment  of  debts  ;  pass  any  .  .  .  law  im- 
pairing the  obligation  of  contracts,  .  .  .  (Art.  I.,  Sec.  10, 
CI.  1.) 

For  the  purpose  of  establishing  uniformity  in  our  for- 
eign relations,  the  several  States  surrendered  to  the  gen- 
eral government  all  their  sovereign  rights  and  powers  in 
external  affairs.  If  the  States  were  permitted  to  make 
treaties  and  alliances,  it  would  result  in  danger  to  the 
Union,  since  they  might  enter  into  agreements  which 
w^ould  be  antagonistic  to  the  interests  not  only  of  other 
States,  but  of  the  nation  at  large.  Or,  if  a  State  were 
allowed  to  issue  letters  of  marque  and  reprisal,  it  might 
involve  all  others  in  Avar.  The  prohibition  against  State 
coinage  rests  on  much  the  same  principle,  for  to  permit 
it  would  destroy  the  very  uniformity  in  our  currency 
which  we  have  seen  to  be  necessary  to  its  usefulness. 

Bills  of  Credit. — Bills  of  credit  are  paper  issued  by  a 
government,  in  which  it  promises  to  pay  at  some  future 


LEGISLATIVE  PROHIBITIONS  1L3 

time  certain  sums  of  money  to  the  persons  .holding  it. 
During  the  Revolutionary  AVar  they  were  issued  in  vast 
quantity  and  circulated  as  money  among  the  people. 
Not  being  paid  when  due,  they  rapidly  depreciated  in 
value,  till  they  became  practically  worthless.  As  a  result 
great  financial  losses  followed,  and  public  and  private 
credit  was  destroyed.  This  prohibition  was  inserted  to 
avoid  a  recurrence  of  such  evils.  Bills  of  credit  must  not 
be  confounded  with  state  honds,  which  are  contracts  on 
the  part  of  the  State  to  pay  for  services  rendered  to  it 
or  for  money  borrowed  for  present  use.  '^  They  are," 
says  Chief  Justice  Marshall,  "  paper  intended  to  circulate 
through  the  community,  for  its  ordinary  purposes,  as 
money."  The  provision  relating  to  tender  inpayment 
of  debts  was  for  the  purpose  of  further  avoiding  the  dan- 
gers of  a  debased  currency. 

Contract  Obligations. — The  provision  restraining  a  State 
from  passing  any  law  impairing  the  obligations  of  con- 
tracts is  of  inestimable  value,  for  it  enters  into  every  rela- 
tion of  life.  The  home,  business,  society  are  all  affected 
by  contract  relations,  for  a  contract  is  an  agreement  be- 
tween two  or  more  persons  for  a  consideration  to  do  or 
not  to  do  some  particular  thing.  It  is  therefore  necessary 
to  the  security  of  human  relations  that  an  agreement  once 
made  should  be  undisturbed.  Otherwise  there  would  be 
no  safety  in  trade  or  the  affairs  of  life.  Prior  to  the  Con- 
stitution it  was  no  uncommon  occurrence  for  laws  to  be 
er acted  without  regard  to  their  effect  upon  existing  con- 
tracts. The  insecurity  thus  occasioned  was  the  cause  of 
this  provision,  which  extends  not  only  to  contracts  be- 
tween individuals,  but  also  to  those  between  the  Individ- 
8 


114  THE  FEDERAL  GOVERNMENT 

iial  and  the  state.  Tlie  extent  of  the  prohibition  was 
early  decided  by  the  Supreme  Court  in  the  celebrated 
Dartmouth  College  Case,  which  arose  over  an  attempt 
by  the  legislature  to  alter  the  charter  of  the  college.  In 
a  later  case  the  same  court  said: 

It  has  been  decided  that  a  contract  entered  into  between  a 
state  and  an  individual  is  as  fully  protected  by  the  tenth  section 
of  the  first  article  of  the  Constitution  as  a  contract  between  in- 
dividuals. 

Commercial  Regulations. — No  State  shall,  without  the  con- 
sent of  the  Congress,  lay  any  imposts  or  duties  on  imports  or 
exports,  except  what  may  be  absolutely  necessary  for  executing 
its  inspection  laws ;  and  the  net  produce  of  all  duties  and  imposts, 
laid  by  any  State  on  imports  or  exports,  shall  be  for  the  use  of 
the  Treasury  of  the  United  States  ;  and  all  such  laws  shall  be 
subject  to  the  revision  and  control  of  the  Congress.  (Art.  I., 
Sec.  10,  CI.  2.) 

No  State  shall,  without  the  consent  of  Congress,  lay  any 
duty  of  tonnage,*  keep  troops,  or  ships  of  war  in  time  of  peace, 
enter  into  any  agreement  or  compact  with  another  State,  or  with 
a  foreign  power,  or  engage  in  war,  unless  actually  invaded,  or  in 
such  imminent  danger  as  will  not  admit  of  delay.  (Art.  I.,  Sec. 
10,  CI.  3.) 

The  exercise  of  any  of  the  powers  prohibited  by  these 
clauses  would  so  evidently  conflict  with  those  granted  to 
Congress,  or  would  be  so  liable  to  cause  unjust  discrimi- 
nations by  the  States,  resulting  in  endless  confusion,  if 
not  serious  complications,  that  no  discussion  seems  neces- 
sary. A  recital  of  the  subjects  is  sufficient  to  show  that 
they  should  be  prohibited  to  states  which  are  members 
of  a  union. 

*  Tonnage  duty  is  a  charge  upon  ships  based  upon  their  capacity. 


PECULIAR  POWERS  OF  SENATE  AND  HOUSiC     115 


U 


PROHIBITIONS. 

Upon  Federal  Government. 

To  prohibit  the  Slave  Trade  before  1808. 

To  suspend  the  writ  of  Habeas  Corpus  \  Rebellion. 

except  in  case  of  ( Invasion. 
To  lay  Direct  Taxes  except  in  proportion  to  census. 
To  levy  export  duties. 

To  Draw  Money  from  treasury  except  as  appropriated  by  law. 
To  make  Preferred  Ports. 

Upon  Federal  and  State  Governments. 

\  Bills  of  Attainder. 
io  pass  "I  ^^  p^^^  p^^^^  j^^^^^ 

To  grant  Titles  of  Nobility. 

pon  State  Governments. 

(  Treaty. 

To  enter  into  <  Alliance. 

(  Confederation. 

To  gi'ant  letters  of  marque  and  reprisal. 

To  coin  money. 

To  emit  bills  of  credit. 

To  make  anything  legal  tender  except  gold  and 

silver  coin. 

.  To  pass  laws  impairing  contract  obligations. 

^    ,       .  IT.-  J  Imports. 

To  lay  imposts  and  duties  on  i  -p, 

To  lay  duty  on  tonnage. 

To  keep  in  time  of  peace  ]  c,i  ■        , 

^  ^  (  Ships  of  war. 

To  enter  into  an  3  Another  State. 

agreement  with  (  Foreign  nation. 

^  .  ,       \  actuallv  invaded. 

To  engage  in  war  unless  )  .     .      \        ,  ■. 

°  °  (  m  imminent  uanefer. 


Without 
exception 


Except  by 
consent  of 
Congress 


6.  PECULIAR    POWERS    OF  SENATE  AND    HOUSE. 

The  Powers  and  Prohibitions  which  we  have  consid- 
ered apply  to  hath  houses  of  Congress.     There  are,  how- 


116       THE  FEDERAL  GOVERNMENT 

ever,  some  rights  and  powers  peculiar  to  each,  such  as 
the  control  of  its  own  organization  and  members  (Art.  I., 
Sec.  5,  CI.  1  and  2),  and  certain  others  relating  to  the 
conduct  of  the  government. 

House  of  Representatives. 

Financial  Bills. — The  most  important  right  possessed  by 
the  House  alone  is  that: 

All  bills  for  raising  revenue  shall  originate  in  the  House  of  Representa- 
tives; but  the  Senate  may  propose  or  concur  with  amendments  as  on 
other  bills.     (Art.  I.,  Sec.  7,  CI.  1.) 

The  spirit  of  this  provision  came  from  the  English  con- 
stitution. The  growth  of  political  power  in  the  Com- 
mons had  resulted  from  questions  relating  to  taxation. 
The  peo]3le,  who  paid,  demanded  the  right  to  levy  taxes. 
In  1407  the  sole  authority  to  originate  money  bills  became 
fixed  in  the  House  of  Commons.  A  question  having 
arisen  between  the  two  houses,  Henry  IV.  ordained  that 
the  Commons  should  "grant,"  and  the  Lords  "concur 
in,"  appropriations  of  money,  which  should  be  reported 
to  the  king  "by  the  mouth  of  the  Speaker  of  the  Com- 
mons." Attempts  were  made  by  the  Lords  to  encroach 
upon  this  power,  which  the  Commons  successfully  re- 
sisted, even  asserting  that  the  Lords  could  not  amend, 
but  had  only  the  right  to  consent  to  or  reject  the  legisla- 
tion. This  limitation  was  in  force  in  England  at  the  time 
of  the  Constitutional  Convention.  Doubtless  the  suc- 
cess of  the  practice  influenced  the  Convention  in  placing 
a  similar  provision  in  the  Constitution,  but  the  reasons 
for  it  are  less  apparent  than  in  the  English  system.     The 


THE  PRESIDENT  AND  LEGISLATION  117 

two  houses  of  Congress  do  not  represent  different  classes. 
Still,  the  constant  renewal  of  the  House  by  popular 
elections  gives  the  people  a  nearer  approach  to  legislation 
through  that  body  than  through  the  Senate,  and  they  are 
able  in  a  measure  to  control  the  demands  made  upon 
their  resources.  Legislative  custom  has  further  extended 
this  exclusive  right  to  the  initiation  of  bills  for  general 
expenditures. 

Impeachment. — '' The  House  of  Representatives  .  .  . 
shall  have  the  sole  power  of  impeachment  "  (Art.  I.,  Sec. 
2,  CI.  5).  This,  with  the  power  of  the  Senate  to  try  all 
cases  of  impeachment  (Art.  I. ,  Sec.  3,  CI.  6),  will  be  con- 
sidered under  the  Judicial  Branch  of  the  government. 
(See  page  156.) 

Senate. 

Executive  Powers. — The  peculiar  powers  of  the  Senate, 
which  consist  in  the  exercise  of  certain  executive  func- 
tions, as  confirmations  of  treaties  and  appointments,  will 
1)0  treated  in  connection  with  the  Executive  Branch. 
(See  pages  129  and  131.) 

7.  THE  PRESIDENT  AND  LEGISLATION. 

Relation  to  Congress. — Before  concluding  the  consid- 
eration of  the  Legislative  Branch  of  the  government,  it 
remains  to  note  the  relation  of  the  President  to  the  law- 
making power.  He  is  not  a  member  of  either  house. 
Only  in  the  case  of  a  disagreement  between  them  as  to 
the  time  to  wliich  to  adjourn  can  he  interfere  with  their 
conduct  (Art.  IT.,  Sec.  3).  His  character  as  a  legislator 
nsembles  that  of  a  third  house.     It  has  been  said : 


118        THE  FEDERAL  GOVERNMENT 

The  President  represents  the  jieople  at  large — the  Nation; 
the  Senate,  the  people  in  separate  commonwealths — the  States; 
the  House  of  Representatives,  the  same  people  in  small  com- 
munities— Congressional  Districts. 

Veto  Power. — Still,  in  his  legislative  capacity  lie  cannot 
originate  legislation.  His  power  lies  in  his  authority  to 
check  congressional  action. 

Every  bill  which  shall  have  passed  the  House  of  Representa- 
tives and  the  Senate,  shall,  before  it  become  a  law,  be  presented 
to  the  President  of  the  United  States  ;  if  he  approve  he  shall 
sign  it,  but  if  not  he  shall  return  it,  with  his  objections  to  that 
house  in  which  it  shall  have  originated,  who  shall  enter  the 
objections  at  large  on  their  journal,  and  proceed  to  reconsider 
it.  If  after  such  reconsideration  two  thirds  of  that  house  shall 
agree  to  pass  the  bill,  it  shall  be  sent,  together  with  the  objections, 
to  the  other  house,  by  which  it  shall  likewise  be  reconsidered, 
and  if  approved  by  two  thirds  of  that  house,  it  shall  become  a 
law.  But  in  all  such  cases  the  votes  of  both  houses  shall  be  de- 
termined by  yeas  and  nays,  and  the  names  of  the  persons  voting 
for  and  against  the  bills  shall  be  entered  on  the  jovirnal  of  each 
house  respectively.  If  any  bill  shall  not  be  returned  by  the 
President  within  ten  days  (Sundays  excepted)  after  it  shall  have 
been  presented  to  him,  the  same  shall  be  a  law,  in  like  manner 
as  if  he  had  signed  it,  unless  the  Congress  by  their  adjournment 
prevent  its  return,  in  which  case  it  shall  not  be  a  law. 

Every  order,  resolution,  or  vote  to  which  the  concurrence  of  the 
Senate  and  House  of  Representatives  may  be  necessary  (except  on 
a  question  of  adjournment)  shall  be  presented  to  the  President  of 
the  United  States ;  and  before  the  same  shall  take  effect,  shall  be 
approved  by  him,  or  being  disapproved  by  him,  shall  be  I'epassed 
by  two  thirds  of  the  Senate  and  House  of  Representatives,  accord- 
ing to  the  rules  and  limitations  prescribed  in  the  case  of  a  bill. 
(Art.  I,  Sec.  7,  CI.  2  and  3.) 

This  power  of  the  President  is  called  the  '^  veto  power," 
and  his  neglect  to  sign  a  bill  remaining  in  his  hands  after 


THE  PRESIDENT  AND  LEGISLATION  119 

the  adjournment  of  Congress  is  called  a  "pocket  veto." 
The  veto  power  is  somewhat  monarchical  in  its  character, 
and  was  derived  from  England,  though  an  early  and 
democratic  form  was  exercised  by  the  Iloman  tribunes. 
It  is  worthy  of  note  that  no  English  ruler  has  employed 
the  veto  since  1707,  while  it  has  been  constantlv  exercised 
by  the  President,  and  has,  in  this  country,  prevented 
much  harmful  legislation.  It  is,  however,  not  an  abso- 
lute power,  for  it  may  be  overridden  by  a  sufficient 
majority  in  Congress,  in  which  case  the  bill  is  said  to  be 
passed  ''  over  the  President's  veto  "  ;  but  so  great  is  the 
influence  of  the  Executive  that  such  action  is  rarely 
attempted  and  seldom  successful. 


CHAPTER   III. 

THE    EXECUTIVE    BRANCH. 
/.  THE  PRESIDENT  AND    VICE-PRESIDENT. 

Separate  Executive. — The  Convention  of  1T8Y  adopted 
at  the  very  outset  the  principle  that  the  executive  branch 
of  the  government  should  be  separate  and  distinct  from 
the  legislative  and  judicial  branches. 

Executive  under  the  Confederation. — A  large  part  of  the 
weakness  of  the  Confederacy  had  been  attributed  to  the 
cumbersome  method  of  vesting  all  governmental  powers 
in  one  representative  body.  But  this  was  only  a  partial 
cause,  for  the  executive  powers  granted  by  the  Articles 
were  so  limited  that  they  would  not  have  been  efficient 
even  if  exercised  by  a  distinct  department.  The  separa- 
tion of  the  legislative  and  executive  branches  is  not  abso- 
lutely essential  to  a  strong  and  stable  government.  The 
laws  of  Great  Britain  are  to-day  administered  by  a  min- 
istry which  is,  in  fact,  a  committee  chosen  from  the  party 
having  a  majority  in  the  House  of  Commons. 

Reason  for  a  Separate  Executive.— In  178Y  English 
writers  and  statesmen  helieved  that  the  government  of 
England  possessed  distinct  branches,  while  in  her  Ameri- 
can colonies  such  distinction  had  been  actual.  The  dele- 
gates, therefore,  familiar  with  this  principle  and  believing 


THE  PRESIDENT  AND  VICE-PRESIDENT         121 

that  the  unity  of  powers  under  the  Confederation  had 
been  a  failure,  deemed  this  separation  necessary,  and 
adopted  it  as  the  basis  upon  which  to  erect  the  new  gov- 
ernment. 

Difficulty  of  Organizing  Branch, — There  was  no  subject 
more  carefully  discussed  or  in  reo^ard  to  which  there  was 
more  diversity  of  opinion  than  the  organization  of  the 
executive  department.  There  was  ample  material  in  the 
governmental  experience  of  the  Confederacy  for  the  con- 
struction of  the  legislative  branch,  l)ut  the  executive 
powers  to  be  granted  presented  a  subject  which  caused 
much  speculation,  debate  and  the  gravest  anxiety. 

Number  of  Executive. — The  first  step  was  to  decide  the 
number  of  persons  who  should  constitute  the  executive. 
Arguments  were  advanced  in  favor  of  three  persons  with 
equal  powers,  and  also  in  favor  of  a  single  executive.  To 
the  former  proposition  it  was  objected  that  any  division 
of  responsibility  would  induce  corruption,  that  disagree- 
ments would  delay  and  w^eaken  executive  action  and  that 
it  was  needless  for  this  branch  of  government  to  be  delib- 
erative in  character,  as  its  sole  duty  was  to  enforce  the 
laws.  These  ol  ejections,  and  the  experience  of  most  of 
the  delegates  in  their  state  governments,  prevailed,  and 
it  was  decided  that  "  the  executive  power  sluill  be  vested 
in  a  President  of  the  United  States  of  America"  (Art. 
II.,  Se"cri,  CI.  1). 

Election  of  President.— The  manner  of  his  selection  Avas 
then  considered.  Upon  this  there  ]n'evailed  the  widest 
difference  of  opinion,  and  it  was  not  fi;>ally  decided  until 
the  last  two  weeks  of  the  sessions.  The  "  Virginia  Plan  " 
provided  that  the  executive  should  be  appointed  by  the 


122        THE  FEDERAL  GOVERNMENT 

national  legislature.  Three  other  modes  were  proposed 
■ — (1)  ^^ electors  chosen  by  the  people;  (2)  hy  the  state 
executives;  and  (3)  by  the  people  directly.  The  first  of 
these  propositions  was,  after  much  discussion,  adopted, 
and  it  was  provided  that : 

Each  State  shall  appoint,  in  such  manner  as  the  legislature 
thereof  may  direct,  a  number  of  electors,  equal  to  the  whole 
numberjof  Senators  and.  Representatives^to. winch  the  State  may 
be  entitled  in  the  Congress  ;  bivTno'Senator  or  Representative,  or 
person  holding  an  office  of  trust  or  profit  under  the  United  States, 
shall  be  appointed  an  elector. 

The  electors  shall  meet  in  their  respective  States,  and  vote  by 
ballotf^r-two  persons,  of  whom  one  at  least  shall  not  be  an 
inhabitant  of  the  same  State  with  themselves.  And  they  shall 
make  a  list  of  all  the  persons  voted  foi',  and  of  the  number  of 
votes  for  each ;  which  list  they  shall  sign  and  certify,  and  transmit 
sealed  to  the  seat  of  government  of  the  United  States,  directed  to 
the'President  of  the  Senate-  The  President  of  the  Senate  shall,  in 
the  presence  of  the  Senate  and  House  of  Representatives,  open  all 
the  certificates,  and  the  votes  shall  then  be  counted.  The  person 
having  the  greatest  number  of  votes  shall  be  the  President,  if 
such  number  be  a  majority  of  the  whole  number  of  electors  ap- 
pointed ;  and  if  there  be  more  than  one  who  have  such  majority, 
and  have  an  equal  number  of  votes,  then  the  ppuse  of  Represent- 
atives_shall  immediately  choose  by  ballot  one  of  them  for  Presi- 
dent ;  and  if  no  person  have  a  majority,  then  from  the  live 
hiffhest  on  the  list  the  said  House  shall  in  hke  manner  choose 
the  President.  But  in  choosing  the  President,  the  votes  shall  be 
taken  by  States,  the  representation  fi-om^^aciu^tate  having  one 
vote  ;  a  quorum  for  this  x^urpose  shall  consist  of  a  member  or 
members  from  two  thirds  of  the  States,  and  a  majority  of  all 
the  States  shall  be  necessary  to  a  choice.  In  every  case,  after  the 
choice  of  the  President,  the  person  having  the  greatest  number  of 
votes  of  the  electors  sIkvII  be  the  A'^ice  President.  But  if  there 
should  remain  two  or  more  who  have  equal  votes,  the  Senate 
shall  choose  from  them  by  ballot  the  Vice  President.  (Art.  II., 
Sec.  1,  CI.  2  and  3.) 


THE  PRESIDENT  AND  VICE-PRESIDENT         123 

In  1804  the  third  clause  was  amended  as  follows: 

The  electors  shall  meet  in  their  respective  States,  and  vote  by 
ballot  for  President  and  Vice-President,  one  of  whom,  at  least, 
shall  not  be  an  inhabitant  of  the  same  State  witli  themselves  ; 
they  shall  name  in  their  ballots  the  person  voted  for  as  President, 
and  in  distinct  ballots  the  person  voted  for  as  Vice-President,  and 
they  shall  make  distinct  lists  of  all  jiersons  voted  for  as  President, 
and  of  all  persons  voted  for  as  Vice-President,  and  of  the  number 
of  votes  for  each,  which  lists  they  shall  sign  and  certify,  and 
transmit  sealed  to  the  seat  of  the  government  of  the  United  States, 
directed  to  the  President  of  the  Senate.     The  President  of  the 


Senate  shall,  in  the  presence  of  the  Senate  and  House  of  Repre- 
sentatives, open  all  the  certificates  and  the  votes  sliall  then  be 
counted.  The  person  having  the  greatest  number  of  votes  for 
President,  shall  be  the  President,  if  such  number  be  a  majority  of 
the  whole  number  of  electors  appointed  ;  and  if  no  person  have 
such  majority,  then  from  the  persons  having  the  highest  numbers 
not  exceeding  three  on  the  list  of  those  voted  for  as  President,  the 
^ouse  of  Representatives  shall  choose  immediately,  by  ballot,  the 
President.  But  in  choosing  the  Present,  the  vote  shall  be  taken 
by  States,  the  representation  from  each  State  having  one  vote  ;  a 
quorum,  for  this  purpose  shall  consist  of  a  member  or  members 
from  tvyo  thirds  of  the  States,  and  a  majority  of  all  the  States 
shall  be  necessary  to  a  choice.  And  if  the  House  of  Representa- 
tives shall  not  choose  a  President  whenever  the  right  of  choice 
shall  devolve  ui)on  them,  before  the  fourth  day  of  March  next  fol- 
lovving,  then  the  Vice-President  sliall  act  as  President,  as  in  the 
case  of  the  death  or  other  constitutional  disability  of  the  President. 

The  person  having  the  greatest  number  of  votes  as  Vice-Presi- 
dent, shall  be  the  Vice-President,  if  such  number  be  a  majority  of 
the  whole  number  of  electors  appointed,  and  if  no  person  have  a. 
majority,  then  from  the  two  highest  numbers  on  the  list,  the 
Senate  shall  choose  the  Vice-Pi*esident  ;  aquorum  for  the  purpose 
shall  consist  of  J.^o-thirds_of  the  whole  imnitierof  Senators,  anU. 
a  majority  of  the  whole  number  shall  be  necessary  to  a  choice. 

But  no  person  constitutionally  ineligible  to  the  oflice  of  Presi- 
dent shall  be  eligible  to  that  of  Vice-President  of  the  United 
States.     (Amendment  XII.) 


124       THE  FEDERAL  GOVERNMENT 

Electoral  College. — The  electors  thus  chosen  in  the  sev- 
eral States  form  the  ^  ^  Electoral  College. ' '  It  was  the 
belief  of  the  framers  of  the  Constitution  that  the  electors 
in  each  State  would  form  a  deliberative  body  which 
would  discuss  the  merits  of  different  statesmen  and  cast 
their  votes  for  the  one  best  fitted  for  the  presidency  ;  but 
with  the  first  election  in  which  party  lines  were  strictly 
drawn  (1796),  the  electors  cast  their  ballots  for  the  persons 
who  were  the  recognized  candidates  of  political  parties  ; 
and  since  that  time,  with  but  a  few  unimportant  excep- 
tions, the  electors  have  voted  for  their  party's  candidate. 
It  is  the  usual  custom  that  a  State's  electors  are  roted  for 
on  a  general  ticket  by  all  the  qualified  voters  of  the  State. 
Each  State,  however,  may  prescribe  its  method  of  select- 
ing electors.  In  the  election  of  1892  in  Michigan,  two 
electors  were  chosen  on  a  general  ticket  by  the  State  at 
large,  and  one  by  the  people  of  each  congressional 
district. 

Time  of  Election  and  Meeting. — The  Constitution  pro- 
vides that : 

The  Congress  may  determine  tlic  time  of  choosing  tlic  electors, 
and  tlie  day  on  which  they  shall  give  theii*  votes;  which  day  shall 
be  the  same  throughout  the  United  States.     (Art.  II.,  Sec,  1,  CI.  4.) 

Tho  election  of  electors  occurs  on  the  first  Tuesday 
next  after  the  first  Monday  in  ISTovember  of  each  year 
divisible  by  four.  The  meetings  of  the  electors  in  their 
respective  States  take  place  at  the  state  capitals  on  the 
second  Monday  in  January  following  their  election. 
After  the  votes  have  been  cast,  the  electors  prepare  tripli- 
cate certificates  of  the  result,  signed  by  all  of  them  ;  one 


THE  PRESIDENT  AND  VICE-PRESIDENT         125 

of  these  is  mailed,  and  another  sent  by  special  messen- 
ger, to  the  President  of  the  Senate  ;  the  third  is  deposited 
with  the  District  Judge  of  the  federal  district  where  the 
meeting  is  held. 

Counting  the  Ballots. — The  counting  of  the  electoral 
votes,  which  occurs  on  the  second  Wednesday  in  Feb- 
ruarv,  has  been  done  under  joint  resolution  of  the  two 
houses  of  Congress,  but  the  Constitution  does  not  provide 
how  it  shall  be  done  or  who  shall  determine  between  the 
certificates  received  from  two  contesting  sets  of  electors 
in  the  same  State  :  this  was  fixed  bv  statute  in  lss7. 

President's  Term  of  Office. — In  determining  the  Presi- 
dent's term  of  office  the  Convention  was  influenced  chiefly 
by  the  method  of  his  selection.  The  original  ])roposition 
was  for  a  term  of  seven  years,  as  it  was  deemed  that  a 
long  term  would  make  him  more  independent  of  the  legis- 
lative branch  ;  but  when  the  choice  of  the  executive  was 
given  to  a  representative  body  entirely  distinct  from  the 
national  legislature,  the  reason  for  a  long  term  disap- 
peared, and  it  was  provided  that  "  he  shall  hold  his  office 
during  the  term  of  four  years,"  .  .  .  (Art.  III.,  Sec, 
1,  CI.  1).  Through  custom,  however,  it  has  become  a 
settled  rule  that  no  person  shall  fill  the  office  of  President 
for  more  than  two  successive  terms,  a  rule  established  by 
the  action  of  Presidents  Washington  and  Jefferson,  who 
both  declined  to  become  candidates  for  reelection  after 
serving  for  two  terms. 

Time  of  Inauguration. — By  a  resolve  of  the  Congress  of 
the  Confederacy,  the  l*resident  chosen  under  the  Consti- 
tution was  to  be  inaugurated  on  the  first  Wednesday  in 


March,  1789.     This  happened  to  be  the  fourth  day  of  the 


126       THE  FEDERAL  GOVERNMENT 

month,  so  tliat  tho  terms  of  succeeding  Presidents  liave 
all  commenced  on  tliat  date,  except  when  it  is  Sunday, 
and  then  on  the  succeeding  day. 

Ceremony  of  Inauguration.— The  ceremony  of  inaugura- 
tion takes  place  at  Washington.  An  hour  or  so  before 
noon  tho  President-elect  is  conducted  by  the  committee 
having  the  matter  in  charge  to  the  Executive  Mansion, 
where  he  joins  the  outgoing  President,  and  seated  at  his 
left  they  are  driven  to  the  Capitol.  In  the  presence  of 
the  assembled  people  the  oath  provided  for  in  the  Consti- 
tution (Art.  II.,  Sec.  1,  CI.  8)  is  administered  upon  an 
open  bible  by  the  Chief  Justice  of  the  United  States. 
The  President  then  delivers  an  address,  after  which, 
accompanied  l)y  the  former  President  seated  at  his  left, 
he  returns  to  the  Executive  Mansion  and  reviews  the  mili- 
tary and  civic  organizations  which  form  the  inaugural 
procession. 

Qualifications. — The  provisions  of  the  Constitution  re- 
lating to  the  qualifications  for  President  are  that: 

No  person  except  a  natural  born  citizen,  or  a  citizen  of  the  United 
States,  at  the  time  of  the  adoption  of  this  Constitution,  shall  be 
eligible  to  the  office  of  President;  neither  shall  any  person  be  eli- 
gible to  that  affice  who  sball  not  have  attained  to  tbe  age  of  tbirty- 
five  years,  and  been  fourteen  years  a  resident  within  the  United 
States.     (Art.  II.,  Sec.  1,  CI.  5.) 

The  provision  relative  to  a  person  Avho  was  a  citizen  of 
the  United  States  at  the  time  of  the  adoption  of  the  Con- 
stitution was  only  applicable  for  a  short  period  after 
1787.  The  further  provision  that  he  must  have  resided 
fourteen  years  within  the  United  States  should  probably 
be  read  in  connection  with  the  last,  but  may  apply  to  the 


THE  PRESIDENT  AND   VICE-PRESIDENT  127 

whole  clause.  The  question  has  never  yet  arisen.  The 
qualification  that  the  President  should  be  a  landowner 
was  discussed  by  the  Convention,  but  was  rejected  as 
limiting  the  choice  of  the  electors  to  a  class,  and  thus 
being  contrary  to  republican  institutions. 

Compensation. — A  subject  constantly  before  the  Con- 
vention, when  considering  the  mode  of  electing  the  Presi- 
dent, was  the  evil  of  making  the  latter  in  any  way  de- 
pendent upon  the  legislative  branch.  In  order,  therefore, 
to  make  the  President  independent  of  Congress  for  his 
support,  the  Constitution  provides  that: 

The  President  shall,  at  stated  times,  receive  for  his  services,  a  com- 
pensation, which  shall  neither  be  increased  nor  diminished  during 
the  period  for  which  he  may  have  been  elected,  and  he  shall  not 
receive  within  that  period  any  other  emolument  from  the  United 
States,  or  any  of  them.     (Art.  II.,  Sec.  1.,  CI.  7.) 

The  Government,  however,  pays  the  larger  part  of  the 
President's  official  expenses.  The  act  of  1793  fixed  the 
annual  salary  of  the  President  at  825,000,  which  Avas  in- 
creased in  1S7?>  to  i?50,000. 

The  Vice-President. — Since  the  President  was  to  be 
elected  for  a  fixed  term,  it  was  provided  that: 

In  case  of  the  removal  of  the.  President  from  office,  or  of  his 
death,  resignation,  or  inability  to  discharge  the  powers  and  duties  of 
the  said  office,  the  same  shall  devolve  on  the  Vice  President  [chosen 
for  the  same  term  (Art.  II.,  Sec.  1.,  CI.  1)  ],  and  the  Congress  may 
by  law  provide  for  the  case  of  removal,  death,  resignation  or  in- 
ability, both  of  the  President  and  Vice  President,  declaring  what 
officer  shall  then  act  as  Pi-esident,  and  such  officer  shall  act  ac- 
cordingly, until  the  disability  be  removed,  or  a  President  shall  be 
elected.     (Art.  11. ,  Sec.  1,  CI.  6.) 


128       THE  FEDERAL  GOVERNMENT 

Election  of  Vice-President. — The  provision  for  the  elec- 
tion of  the  Vice-President  (which  is  made  in  Article  II., 
Section  1,  Clause  3,  and  changed  by  Amendment  XII.) 
differed  from  the  provision  for  the  election  of  the 
President  in  the  original  clause  in  not  requiring  a  major- 
ity of  the  electoral  votes,  but  only  that  the  person  hav- 
ing- the  next  highest  number  to  the  President  should  be 
Vice-President,  On  the  adoption  of  Amendment  XIL, 
Avhich  provided  that  the  electors  should  designate  their 
choice  for  President  and  Yice-President  separately,  the 
requirement  of  a  majority  was  applied  to  both  offices. 
Another  difference  is  that  in  case  there  is  no  choice  of  a 
President  by  the  electors  or  the  "  House,"  "  the  Vice- 
President  shall  act  -as  President,  as  in  the  case  of  the 
death  or  other  constitutional  disability  of  the  President." 

Succession  to  the  Presidency. — By  force  of  an  act  of  Con- 
gress, which  came  into  effect  January  19,  1886,  in  case 
of  the  death,  resignation  or  inability  of  both  the  Presi- 
dent and  Yice-President,  the  Secretary  of  State  (if  he  is 
qualified  to  be  elected  President),  and  after  him  the 
Secretary  of  the  Treasury,  Secretary  of  War,  Attorney- 
General,  Postmaster- General,  Secretary  of  the  Navy 
and  Secretary  of  the  Interior,  in  this  order,  will  hold 
the  office  of  President  until  the  disability  ceases  or  an- 
other President  is  chosen.  Before  1886  the  F resident  pro 
tempore  of  the  Senate  and  the  Speaker  of  the  "  House " 
would,  in  turn,  have  succeeded  to  the  Presidency  in  such 
an  emergency.  The  death  of  Vice-President  Hendricks 
in  November,  1885,  called  attention  to  the  fact  that,  in 
case  of  the  death  of  the  President,  a  political  opponent 
might,   under    the    former    act,    succeed    him.     To    avoid 


EXECUTIVE   POWERS  129 

such  a  possibility  the  act  establishing  the  succession  was 
changed. 

2.  EXECUTIVE   POWERS. 

Military  Power. — The  Constitution  provides  that: 

The  President  shall  be  Commander  in  Chief  of  the  Army  and 
Navy  of  the  United  States,  and  of  the  militia  of  the  several  States, 
when  called  into  the  actual  service  of  the  United  States  ;  .  .  , 
(Art.  II.,  Sec.  2,  CI.  1.) 

Although  no  President  has  ever  taken  the  field  in  this 
capacity,  he  is  responsible  for  the  conduct  of  military 
operations  and  possesses  the  implied  war  powers  of  open- 
ing hostilities  and  instituting  a  blockade.    (See  page  197.) 

Classification  of  Civil  Powers. — The  civil  powers  of  the 
President  may  be  divided  into  five  classes:  1.  The  Veto 
Power.  2.  The  Appointing  Power.  3.  The  Pardoning 
Power.  4.  The  Power  to  conduct  the  relations  with  for- 
eign countries.  5.  The  Power  to  administer  the  internal 
affairs  of  the  nation. 

1.  Veto  Power. — The  Veto  Power  has  been  discussed 
in  considering  the  legislative  branch.     (Ses  page  118.) 

2.  Appointing  Power. — The  A])pointing  Power  is  that 
by  which  the  President 

shall  nominate,  and  by  and  witli  the  advice  and  consent  of 
the  Senate,  shall  appoint  ambassadors,  other  j^ublic  ministers  and 
consuls,  judges  of  the  Supreme  Court,  and  all  other  officers  of  the 
United  States,  wliose  appointments  are  not  licrcin  otherwise  pro- 
vided for,  and  which  shall  he  established  by  law;  but  the  Congress 
may  by  law  vest  tlie  aiipoinimont  of  such  infei'iorofficei-s,  as  they 
think  proper,  in  the  President  alone,  in  the  courts  of  law,  or  in  the 
heads  of  departments.  (Art.  II.,  Sec.  2,  CI.  2.) 
9 


130        THE  FEDERAL  GOVERNMENT 

Civil  Service  Act.  —Appointments  of  this  latter  class 
have  been  limited  by  an  act  of  Congress,  knoAvn  as  the 
"Civil  Service  Act,"  which  establishes  a  Commission 
which  classifies  appointive  positions  and  examines  appli- 
cants for  appointment  to  the  Civil  Service,  under  which 
term  is  included  ' '  the  executive  branch  of  the  public 
service  as  distinguished  from  the  military,  naval,  legis- 
lative and  judicial."  The  names  of  those  who  pass  the 
examination,  which  is  educational  in  character,  are  placed 
upon  a  list  in  the  proper  class,  and  an  appointment  to 
any  classified  office  must  be  made  from  the  list  of  that 
class.  In  the  "Classified  Civil  Service,"  however,  are 
included  no  officers  whose  appointments  are  subject  to* 
the  approval  of  the  Senate,  or  who,  holding  positions  of 
responsibility,  could  afi'ect  the  polic}^  of  the  Government. 

Spoils  System. — The  limitation  of  the  appointing  power  by  the 
Civil  Service  Act  was  the  outcome  of  a  popular  movement  against 
what  is  known  as  the  "  Spoils  System."  Since  the  time  of  Presi- 
dent Jackson  it  had  been  customary  to  create  vacancies  in  the  civil 
service  by  removal  for  tlie  sole  purpose  of  filling  them  with  mem- 
bers of  the  political  party  in  control,  on  the  principle  that  "  to  the 
victors  belong  the  spoils."  Activity  in  the  party  rather  than  per- 
sonal fitness  thus  regulated  appointments.  The  chief  evil  of  this 
system  was  not  so  much  the  weakening  of  the  government  service 
through  the  periodical  appointment  of  inexperienced  and  ineffi- 
cient officials  as  it  was  its  corrupting  influence  on  political  parties. 
■'  Spoils  "  became  the  object  of  success  in  elections,  and  large  sums 
were  contributed  by  those  in  office  to  their  party  organizations  to 
retain  their  positions,  while  the  chief  aim  of  their  political  oppo- 
nents was  to  obtain  the  offices.  Party  principles  and  great  national 
questions  were  lost  sight  of  in  this  scramble  for  office,  until  public 
opinion  became  so  strong  again.st  the  evil  that  an  organized  move- 
ment for  "Civil  Service  Reform"  was  commenced,  resulting  in 
the  present  laws.     Its  beneficial  effects  have  already  been  felt 


EXECUTIVE  POWERS  131 

in  the  improvement  in  the  govei-innent  service  and  in  lessening 
the  corruption  in  the  political  parties. 

Executive  Sessions. — Xominations  by  the  President  of 
officers  for  \vhose  appointment  the  Constitution  requires 
senatorial  consent  are  sent  to  the  Senate  by  special  mes- 
senger. The  consideration  of  such  nominations,  and  also 
of  treaties,  is  held  by  the  Senate  behind  closed  doors,  the 
public  being  excluded.  Sessions  of  tEis  character  are 
termed  "  executive  sessions,"  because  the  Senate  is  exer- 
cising an  executive  and  not  a  legislative  function.  From 
the  fact  that  they  are  held  secretly,  the  term  '  *  executive  ' ' 
is  noAV  generally  applied  to  any  secret  session  of  the  legis- 
lative bodv,  without  reference  to  the  power  which  is 
being  exercised. 

Appointments  during  Recess  of  Senate. — The  Constitu- 
tion also  provides  that: 

The  President  shall  have  power  to  fill  up  all  vacancies  that  may 
happen  during  the  recess  of  the  Senate,  by  granting  commissions 
which  shall  expire  at  the  end  of  their  next  session.  (Art.  II.,  Sec. 
2,  CI.  3.) 

This  clause  applies  only  to  such  appointments  as  require 
senatorial  consent.  It  is  further  provided  that  the  Presi- 
dent "shall  commission  all  the  officers  of  the  United 
States"  (Art.  11.,  Sec.  3). 

Removals. — There  is  connected  Avith  the  appointing 
power  the  implied  power  to  remove  by  dismissal  a  civil 
officer  who  fails  to  perform  his  duties  or  acts  against  the 
polic}^  of  the  Government.  ^Military  and  naval  officers, 
however,  are  removed  by  court-martial ;  and  members 
of  the  judiciary  only  b}'  impeachment. 


132       THE  FEDERAL  GOVERNMENT 

3.  Pardoning  Power. — The  Constitution  provides  that 
the  President 

shall  have  power  to  grant  reprieves  and  pardons  for  offenses 
against  the  United  States,  except  in  cases  of  impeachment.  (Art. 
XL,  Sec  2.,  CI.  1.) 

The  pardoning  power  includes  the  right  of  j)ardon, 
amnesty,  reprieve  and  commutation  of  sentence. 

A  PARDON  is  an  act  of  the  executive  by  which  a  person  convicted 
of  a  crime  is  exempted  from  the  punishment  imposed  bv  law.  A  gen- 
eral pardon,  which  applies  to  a  number  of  persons  guilty  of  the  eamo 
offense,  is  termed  an  amnesty.  A  reprieve  is  the  temporary  suspen- 
sion of  the  execution  of  a  judicial  sentence.  A  commutation  of  a  sen- 
tence is  lessening  the  severity  of  the  punishment  which  the  law  imposes. 

Necessity  of  Power. — This  power  is  necessary, to  rectify 
errors  of  justice,  but  is  not  applicable  to  impeacliment, 
because  the  Court  of  Impeachment  is  the  highest  instru- 
ment of  the  sovereignty,  before  which  even  the  President 
and  Justices  of  the  Supreme  Court  can  be  smnmoned  and 
tried. 

4.  The  Power  to  Conduct  the  Relations  with  Foreign 
Nations  ;  Treaties. — This  power  authorizes  the  Presi- 
dent, "  by  and  with  the  advice  and  consent  of  the  Senate, 
to  make  treaties,  provided  two  thirds  of  the  Senators  pres- 
ent concur"  (Art.  II.,  Sec,  2,  CI.  2).  As  the  local  inter- 
ests of  a  State  may  be  involved  in  a  treatv,  the  Senate, 
which  represents  the  States,  is  given  a  voice  in  its  adop- 
tion. Thus  the  President  in  ratifying  a  .treaty  represents 
the  people  in  general,  and  the  Senate  the  States.  A 
treaty,  or  a  ''convention,"  as  it  is  sometimes  called,  is  a 
compact  between  two  or  more  sovereign  states  for  their 
general  welfare. 


EXECUTIVE  POWERS  133 

Treaty-making. — The  usual  method  of  entering-  into  a  treaty 
with  a  foreign  government  is  as  follows  :  The  negotiators,  who 
may  be  either  the  Secretary  of  State  and  the  diplomatic  represent- 
ative of  the  other  government,  our  minister  to  the  other  country 
and  its  minister  of  foreign  affairs,  or  connnissioners especially  ap- 
pointed for  the  purpose,  meet  and  exhibit  their  credentials,  which 
must  be  plenary.  The  usual  commission  of  an  ambassador  or 
minister  is  not  svifRcient;  he  must  have  a  special  commission  giv- 
ing him  power  to  negotiate  this  particular  treaty. 

Drafting  and  Ratifying.— Tlie  negotiators  submit  drafts 
of  the  proposed  treaty  and  suggest  changes  until  an  agreement 
is  reached.  It  is  then  prepared  in  auplicate  and  the  treaty  is 
"  celebrated  " ;  that  is,  signed  by  the  negotiatoi-s.  In  each  of  tliese 
duplicates,  or  "counterparts,"'  the  text  of  the  treaty  appears  in 
English  and  in  the  language  of  the  nation  with  which  it  is  made. 
The  treaty  is  then  delivered  to  the  President,  who,  if  he  approves, 
sends  it  to  the  Senate  for  ratification.  When  approved  by  two 
thirds  of  the  Senators  present  it  is  returned  to  the  President, 
who  signs  it  and  causes  the  Great  Seal  of  the  United  States  to  be 
affixed. 

Exchange  of  Ratifications.— The  Secretary  of  State,  or  a 
commissioner  with  a  special  commission  for  this  purpose,  meets  a 
commissioner  of  the  other  government,  which  has  meanwhile 
ratified  the  treaty,  and  "ratifications  are  exchanged";  that  is, 
the  treaty  signed  by  the  President  is  delivered  to  the  foreign  com- 
missioner and  the  treaty  signed  by  the  sovereign  or  president  of 
the  other  country  is  given  to  the  American  representative. 

Treaty  Proclaimed. — As  soon  as  the  exchange  of  ratifica- 
tions takes  place,  a  ]n'oclamation,  containing  the  te.xt  of  the 
treaty,  is  issued  by  the  Secretary  of  State  in  the  name  of  the 
President,  and  it  becomes  a  law  of  the  United  States. 

Peace  and  Armistice. — As  peace  is  made  by  treaty,  the 
President  can,  with  the  consent  of  the  Senate,  make 
peace,  and,  without  such  consent,  enter  into  an  armistice 
for  the  cessation  of  hostilities,  looking  toward  peace. 

5.  The  Power  to  Administer  the  Internal  Affairs  of  the 
Nation. — This  power  is  imjilied  by  the  clause,  "  lie  shall 


134:  THE  FEDERAL  GOVERNMENT 

take   care   that  the  laws  be  faithfully  executed  "  (Art. 
II.,  Sec.  3). 

Power  to  Convene  Congress. — In  connection  with  the 
two  powers  last  discussed,  the  President  "  may,  on  extra- 
ordinary occasions,  convene  both  houses,  or  either  of 
them"  {f(l-).  Such  occasions  may  be  the  consideration 
of  a  treaty,  the  probability  of  war,  the  necessity  of  pre- 
serving the  credit  of  the  country  or  providing  funds  to 
conduct  the  government, 

3.    THE  EXECUTIVE  DEPARTMENTS. 

Created  by  Congress. — The  Executive  Departments, 
through  which  the  President  conducts  the  affairs  of  the 
nation,  are  recognized,  although  not  directly  established 
by  the  Constitution.  They  have  been  created  and  their 
duties  defined  by  acts  of  Congress. 

The  Cabinet. — The  Heads  of  Departments,  as  they  are 
termed  in  the  Constitution,  form  the  "  official  family  " 
of  the  President,  and  as  such  are  called  the  Cahinet. 
They  are  appointed  by  the  President,  Avith  the  consent 
of  the  Senate,  and  can  be  removed  by  him  at  his  dis- 
cretion. 

1.  The  Cabinet. 

Origin. — The  Cabinet  is  not  recognized  by  the  Consti- 
tution. Although  the  advisability  of  such  a  council  was 
discussed  in  the  Constitutional  Convention,  it  was  not 
established  because  of  a  fear  that  it  would  lessen  the 
responsibility  of  the  chief  magistrate  to  the  people.  But 
it  was  provided  that  the  President 


THE  EXECUTIVE  DEPARTMENTS  135 

may  require  the  opinion,  in  writing-,  of  the  iwincipal  officer  in 
each  of  the  executive  departments,  upon  any  subject  relating  to 
the  duties  of  their  respective  offices,     .     .     ,     (Art.  II.,  Sec.  2.) 

Early  in  our  history  there  was  introduced  the  custom, 
which  still  continues,  of  having  these  officers  meet  with 
the  President  to  consult  upon  important  matters,  so  that 
the  Cabinet  has  become  a  recognized  part  of  our  system 
of  national  government. 

Meetings. — The  Cabinet  usually  meets  twice  a  week, 
but  may  be  convened  at  any  time.  At  these  meetings 
the  policy  of  the  Government  is  discussed,  but  the  Presi- 
dent is  not  bound  by  the  opinions  expressed,  and  so  his 
responsibility  to  the  people  for  any  executive  act  is  in  no 
way  lessened. 

Cabinet  in  England  and  the  United  States. — The  word 
"  Cabinet  "  is  an  adoption  from  the  English  term  applied 
to  the  body  of  public  ministers  who  enforce  the  laws. 
In  Great  Britain  it  possesses  the  executive  authority  ;  its 
members  sit  in  Parliament  and  are  responsible  to  that 
body  and  to  the  sovereign  for  their  acts.  In  the  United 
States  the  Cabinet  is  merely  an  advisory  body  to  the 
President,  and  neither  the  President  nor  any  cabinet 
officer  can,  under  the  Constitution  (Art.  I.,  Sec.  6,  CI.  2), 
be  a  member  of  the  Senate  or  House  of  llepresentatives. 

2.  The    Departments. 

When  Created. — The  Executive  Departments  of  the 
government  were  originally  four  in  number — the  Depart- 
ment of  State,  the  Treasury  Department,  the  War  De- 
partment and  the  Department  of  Justice.  To  these  were 
added  in  1798  the  Navy  Department,  in  1829  the    Post 


136        THE  FEDERAL  GOVERNMENT 

Office  Department,  in  1849  the  Department  of  the  Interior, 
in  1889  the  Department  of  Agriculture,  and  in  1903  the 
Department  of  Commerce  and  Labor. 

Official  Heads The  heads  of  these  nine  Departments 

are  respectively  the  Secretary  of  State,  the  Secretary  of 
the  Treasury,  the  Secretary  of  War,  the  Attorney-Gen- 
eral of  the  United  States,  the  Secretary  of  the  Navy,  the 
Postmaster-General,  the  Secretary  of  the  Interior,  the 
Secretary  of  Agriculture,  and  the  Secretary  of  Commerce 
and  Labor.  These  officers,  appointed  by  the  President, 
form  the  Cabinet  and  constitute  the  President's  official 
advisers. 

(«)  Department  of  State. 

DutieSo — This  Department  has  charge  of  the  corre- 
spondence with  agents  of  the  United  States  in  foreign  coun- 
tries, of  negotiations  with  the  diplomatic  agents  of  other 
governments  and  of  the  general  conduct  of  foreign  affairs. 

Duties  of  Secretary  of  State, — The  Secretary  of  State, 
besides  directing  the  affairs  of  his  Department,  is  the  cus- 
todian of  the  great  seal  of  the  United  States.  He  is 
charged  with  the  promulgation  of  the  laws  ;  with  giving 
notice  of  proposed  constitutional  amendments  and  with 
their  promulgation  when  adopted  ;  with  notifying  the 
state  authorities  of  vacancies  in  the  offices  of  President 
or  Vice-President  ;  and  with  issuing  proclamations  and 
other  presidential  communications  of  a  public  character. 

Passports. — ^The  Secretary  of  State  can  grant  passports 
to  citizens  of  the  United  States  who  go  abroad  intending 
to  return.  K  passport  is  a  certificate  that  the  jDerson  de- 
scribed in  it  is  a  citizen  of  the  United  States,  and  is  used 


THE  EXECUTIVE  DEPARTMENTS  137 

for  the  purpose  of  identification  and  to  obtain  tlie  protec- 
tion and  riglits  to  which  he  is  entitled. 

Diplomatic  and  Consular  Sei-vice. — The  agents  of  the 
United  States  in  foreign  countries  are  of  two  classes: 
diplomatic  and  consular. 

Diplomatic  Service. — A  Difloraailc  Agent  is  an  official 
accredited — that  is,  sent  with  credentials  of  his  character 
and  rank — to  a  foreign  sovereign  or  government,  whose 
duty  is  to  conduct  the  official  intercourse  between  the 
United  States  and  that  sovereign  or  government,  which 
is  done  through  the  Minister  of  Foreign  Affairs  of  the 
other  country.  The  conduct  of  such  intercourse  is  termed 
diplomacy.  There  are  four  grades  in  the  Diplomatic 
Service,  which  rank'^in  the  order  given:  (1)  Ambassadors; 
(2)  Ministers  Plenipotentiary ;  (3)  Ministers  Eesident;  and 
(4)  Charges  d' Affaires. 

An  Amhassador  is  supposed  to  be  the  representative  of 
the  person  of  the  sovereign,  and  as  such  entitled  to  special 
privileges,  among  which  was  claimed  the  right  to  deal 
directly  with  the  sovereign  to  whom  he  is  accredited. 
This  important  privilege  is,  however,  denied  by  later 
authorities,  and  ambassadors  differ  from  other  diplomatic 
representatives  only  in  rank,  which  affects  their  social 
rather  than  their  official  standing. 

A  M-mister  Plenipotentiary,  or,  to  give  him  liis  full 
title,  "  Envoy  Extraordinary  and  jMinister  Plenipoten- 
tiary," represents  the  affairs,  not  tlie  person,  of  the  sov- 
ereign.* The  word  "  plenipotentiary  "  never  possesses 
its  full  meanino;  in  this  connection. 


'G 


*  There  being  no  one  individual  in  the  United  States  who  possesses  the 
sovereignty,  representation  of  the  sovereign's  person  is  in  a  measure  tic- 


138        THE  FEDERAL  OOVERNMENT 

A  Minister  Reddent  differs  from  a  Minister  Plenipo- 
tentiary  only  in  grade. 

A  Charge  cf  Affaires  represents  the  Secretary  of  State, 
and  is  accredited  to  the  minister  of  foreign  affairs  of  the 
government  to  Avhich  he  is  sent.  A  Charge  d"^ Affaires 
ad  interim  is  an  official  who,  during  the  absence  of  an 
ambassador  or  minister,  performs  his  duties.  lie  is 
usually  the  first  secretary  of  the  embassy  or  legation. 

Diplomatic  Commissioners. — Besides  these  diplomatic 
agents,  a  commissioner,  with  the  rank  of  one  of  the  first 
two  grades,  is  sometimes  appointed  for  a  special  purpose, 
such  as  the  negotiation  of  a  treaty  or  the  settlement  of 
claims. 

Diplomatic  Privileges. — Diplomatic  agents  and  their  at- 
taches possess  certain  exceptional  privileges  which  are 
universally  recognized.  For  example,  they  are  exempt 
from  criminal  prosecutions  and  actions  at  law,  and  their 
persons  and  property  are  protected  from  seizure  or  injury. 

Duties  of  Diplomatic  Agents. — The  principal  duties  of 
diplomatic  agents  are  the  negotiation  of  treaties,  the  set- 
tlement of  claims  and  disputes  between  the  two  govern- 
ments, the  protection  of  citizens  of  the  United  States,  the 
issuance  of  passports  and  the  reporting  to  the  Secretary 
of  State  the  political  events  which  occur  in  the  country 
where  they  reside. 

Persona  non  Grata. — In  case  a  diplomatic  representative  is 
persona  non  grata — that  is,  one  personally  objectionable  to  the 

titious  and  difficult  of  application.  The  distinction  between  ambassadors 
and  ministers  is  'based  upon  monarchical  institutions,  but  was  adopted 
by  the  United  States  in  1893  for  the  purpose  of  gaining  for  our  diplo- 
matic representatives  of  the  first  grade  the  consideration  which  only 
ambassadors  enjoy  in  foreign  courts. 


THE  EXECUTIVE   DEPARTMENTS  139 

government  to  wliich  he  is  accredited — the  minister  of  foreign 
affairs  notifies  the  Secretary  of  State  through  the  regular  diplo- 
matic channels,  the  minister  is  recalled  and  another  is  appointed 
who  is  persona  grata.  In  the  notice  to  the  Secretary  of  State  it 
is  customary  to  give  the  grounds  of  objection,  but  it  is  not  neces- 
sary, as  the  mere  fact  that  he  is  objectionable  to  the  foreign  gov- 
ernment is  sufficient. 

Severance  of  Diplomatic  Relations. — When  the  relations 
between  the  United  States  and  another  country  become 
strained,  and  war  in  imminent,  the  representative  of  the 
other  nation  at  Washington  demands  or  is  given  his  pass- 
ports, or  safe  conduct,  and  he  is  expected  to  leave  this 
country  at  once.  The  United  States  representative  to 
the  other  government  is  also  given  or  demands  his  pass- 
ports, and  leaves  the  country.  Thus  diplomatic  relations 
are  broken  off.  Whatever  official  intercourse  occurs  be 
tween  the  two  governments  after  their  dij^lomatic  agents 
have  been  withdrawn  is  carried  on  through  the  ministers 
of  other  countries. 

Consular  Service. — The  Consular  Service  is  divided  into 
four  grades:  (1)  Consuls-General;  (2)  Consuls;  (8)  Com- 
mercial Agents;  and  (4)  Consular  Agents. 

A  member  of  the  Consular  Service  is  an  agent  of  the 
United  States  in  a  foreign  country,  to  protect  its  citizens 
and  commercial  interests.  Before  he  can  begin  liis  services 
his  commission  is  forwarded  to  the  diplomatic  represent- 
ative of  the  United  States,  who  applies  to  the  minister 
of  foreign  affairs  of  the  country  to  which  the  officer  is 
commissioned  for  permission  for  him  to  perform  his  con- 
sular duties.  This  permission  is  called  an  exequatur,  and 
whenever  it  is  revoked  the  consular  officer  must  cease 
to  act. 


140        THE  FEDERAL  GOVERNMENT 

A  Consul- Geneixil  is  sent  to  a  country  with  which  the 
United  States  has  large  commercial  interests.  He  has 
supervision  of  the  entire  consular  service  in  such  country ; 
and  in  certain  countries  (such  as  Great  Britain,  France, 
Germany,  Italy,  etc.)  all  consular  officers  send  their 
reports  to  the  Department  of  State  through  their  Con- 
suls-General. 

A  Consul  has  charge  of  the  commercial  relations  be- 
tween the  United  States  and  a  certain  district,  in  which 
he  is  authorized  to  perform  his  duties. 

Consuls-General  and  Consuls  are  appointed  by  the 
President,  with  the  advice  and  consent  of  the  Senate. 

A  Commercial  Agent  differs  from  a  Consul  chiefly  in 
rank.  He  is  appointed  by  the  President  alone.  Such  an 
officer  is  usually  not  recognized  by  the  countr}^  to  which 
he  is  sent  ;  but  it  is  customary  for  the  United  States 
to  request  an  exeqtiatiir  to  be  issued  to  its  Commercial 
Agents. 

A  Consular  Agent  is  an  official  appointed  by  the  Presi- 
dent to  act  in  part  of  a  district  in  which  the  Consul  is 
unable  to  perform  his  duties  alone.  A  Consular  Agent 
is  under  the  supervision  of,  and  reports  to,  the  Consul  of 
the  district.  Besides  these  regular  grades  there  are  vice- 
consular  officers  (such  as  Yice-Consuls-General,  Yice- 
Consuls,  etc.),  who  jierform  the  duties  of  their  superiors 
during  the  temporary  absence  of  the  latter. 

Duties  of  Consular  Officers. — The  chief  duties  of  Con- 
suls are  to  report  to  the  Secretary  of  State  the  conditions 
of  trade  between  the  United  States  and  their  districts  and 
to  make  suggestions  in  relation  to  their  improvement  ;  to 
authenticate  papers  ;  to  settle  disputes  between  American 


THE  EXECUTIVE  DEPARTMENTS  141 

sea  captains  and  their  crews  ;  to  give  aid  to  sliip wrecked 
or  indigent  citizens  of  the  United  States  ;  and  in  the  ab- 
sence of  a  diplomatic  agent  (as  in  colonies  such  as  Canada 
or  Australia)  to  issue  passj3orts. 

No  Official  Privileges. — Consuls  possess  none  of  the  im- 
munities enjoyed  by  diplomatic  officers.  They  are  sub- 
ject to  the  laws  of  the  country  where  they  reside,  both 
criminal  and  civil.  There  is  generally  an  exception  to 
this  rule  in  half-civilized  and  non-Christian  countries, 
where  by  treaty  they  are  given  diplomatic  privileges. 

{!>)  Treasury  Dejyartment. 

Duties. — This  Department  has  the  management  and 
custody  of  the  finances  of  the  United  States,  and  super- 
vision of  the  National  Banking  Svstem. 

Collection  of  Revenues. — It  collects  the  customs  duties, 
and  to  prevent  violations  of  the  tariff  laws  has  a  number 
of  vessels,  known  as  "revenue  cutters,"  whose  chief 
duty  is  to  patrol  the  coasts  and  seize  smugglers.  It  also 
collects  the  internal  revenues  and  enforces  the  revenue 
laws.  To  prevent  their  violation,  to  apprehend  counter- 
feiters and  to  protect  the  government  funds,  it  employs 
a  corps  of  agents  and  detectives,  known  as  the  "Secret 
Service." 

Coinage. — The  Treasury  Do]iartment  has  charge  of  the 
mints  and  coins  the  money  of  the  United  States.  The 
Bureau  of  Engraving  and  Printing,  where  the  different 
forms  of  bills  in  circulation  are  made,  is  under  this  De- 
partmen  t. 

Custody  of  Funds. — ^It  also  has  the  custody  of  any  other 


142        THE  FEDERAL  GOVERNMENT 

government  funds,  and  disburses  money  as  directed  by 
the  laws  passed  by  Congress. 

Other    Branches The    Life-saving    Service    and   the 

supervision  of  the  construction  of  national  buildings  are 
under  the  control  of  this  Department.  The  clerical  force 
of  the  Treasury,  which  is  the  largest  of  any  Depart- 
ment, belongs  in  a  great  measure  to  the  classified  civil 
service. 

Duties  of  Secretary  of  the  Treasury. — The  Secretary  of 
the  Treasur}^  has  the  special  duties  of  making  regulations 
for  the  enforcement  of  the  customs,  internal  revenue  and 
immigration  laws,  of  making  an  annual  report  to  Con- 
gress with  an  estimate  of  receipts  and  expenditures  for 
the  following  year,  and  of  publishing  every  three  months 
a  statement  of  the  receipts  and  expenditures  for  the  past 
quarter. 

National  Banks. — A  lanl'.  is  an  association  for  the  de- 
posit and  loan  of  money,  and  to  facilitate  its  transference 
by  drafts  and  bills  of  exchange.  A  national  hanh  is 
one  incorporated  under  the  federal  laws.  National  banks 
are  under  the  supervision  of  a  bureau  of  the  Treasury 
Department,  at  the  head  of  which  is  the  Comptroller  of 
the  Currency. 

Organization. — A  national  bank  may  be  organized  by  not  less 
tlian  five  persons  with  a  minimum  capital  ranging  from  $25,000 
to  $200,000,  which  is  determined  by  the  number  of  inliabitants  in 
the  place  where  it  is  organized.  After  organization  a  bank  can- 
not act  until  the  Comptroller  has  issued  to  it  a  certificate,  which 
must  be  renewed  every  twenty  years. 

Deposit  of  Bonds  ;  Bank  Notes.— A  bank,  before  issuing 
notes,  must  deposit  with  the  Treasury  United  States  bonds  equal 
to  one  fourth  of  its  capital  unless  that  exceeds  $150,000,  in  which 


THE  EXECUTIVE  DEPARTMENTS  143 

case  the  deposit  of  bonds  must  be  $50,000.  Upon  tliis  deposit  the 
Treasury  issues  to  the  bank,  at  its  request,  National  Banlv  Notes 
for  circulation  to  any  amount  less  than  ninety  per  cent,  of  the 
bonds  deposited.  On  its  note-issue  a  bank  pays  an  annual  tax  of 
one  per  cent. 

Prohibitions. — A  National  Bank  is  prohil)ited  from  making 
loans  upon  real  estate,  from  accepting  its  own  stock  as  security, 
from  loaning  to  one  person  an  amount  exceeding  one  tenth  of 
its  capital  and  from  imj^airing  its  capital  without  replacing  the 
amount  within  tlirec  months  after  receiving  notice  from  the 
Comptroller. 

Government  Supervision. — Five  reports  a  year  must  be  made 
to  the  Comptroller  at  such  times  as  he  designates;  and  an  exam- 
iner, appointed  by  him,  visits  a  bank  from  time  to  time  and  reports 
the  state  of  its  affairs.  By  these  means  the  Comptroller  is  kept 
constantly  informed  of  the  condition  of  each  bank  in  the  country. 
When  a  bank  fails,  its  afFairs  are  placed  in  the  hands  of  a  re- 
ceiver, appointed  by  the  Comptroller,  who  converts  its  assets  into 
money  and  deposits  them  in  the  Treasury,  out  of  which  the 
Comptroller  may  from  time  to  time  declare  dividends  to  the 
bank's  creditors. 

Liability  of  Stockholders.— In  case  the  assets  of  a  bank  are 
not  suflicient  to  pay  its  debts,  each  stockholder  may  be  assessed 
by  the  Comptroller  to  an  amount  not  exceeding  the  face  value  of 
the  stock  which  he  holds. 

Advantage  of  System.— The  great  advantages  of  the  National 
Bank  System  are  the  uniformity  of  banking  throughout  the  coun- 
try and  the  security  to  de])osil()rs  by  reason  of  govei-nment  super- 
vision and  the  Comptroller's  management  of  the  affairs  cf  a  bank 
which  has  failed. 


Legal  Tender. — Before  leaving  the  financial  branch  of 
the  government  a  brief  statement  should  be  made  con- 
cerning "legal  tender"  in  the  United  States.  Legal 
tender  is  the  money  or  currency  which  by  law  a  person 
can  require  a  creditor  to  accept  in  settlement  of  a  debt. 
In  the  United  States  gold  coins  are  legal  tender  to  any 


144       THE  FEDERAL  GOVERNMENT 

amount  ;  silver  dollars  and  Treasury  notes  of  the  Act  of 
1890  are  full  legal  tender  unless  limited  by  contract  ; 
greenbacks  (United  States  notes),  except  as  interest  on 
the  national  debt;  national  bank  notes  in  payments  to 
any  national  bank  or  for  customs  duties  and  debts  of  the 
Government  except  for  interest  on  national  bonds;  silver 
coins  of  a  lower  denomination  than  a  dollar  are  full  legal 
tender  to  the  amount  of  ten  dollars  ;  and  nickel  and  cop- 
per coins,  to  the  amount  of  twenty -five  cents. 

Coins. — Any  person  can  send  to  one  of  the  mints  any  amount 
of  gold  bullion,  and,  upon  the  payment  of  the  cost  of  minting, 
called  "seigniorage,"  have  it  coined  into  money.  This  privilege, 
being  unlimited,  is  called  "free  coinage."  The  Treasury  pur- 
chases the  silver,  Jiickel  and  copper  which  are  made  into  coins, 
but  only  such  amounts  can  be  bought  and  coined  as  Congress 
authorizes.     There  is  no  free  coinage  of  these  metals. 

Circulating  Notes. — A  Treasury  Note,  issued  under  the  Act 
of  1890,  is  one  secured  by  silver  dollars  .stored  in  the  Treasury. 
A  Greenback,  or  United  States  Note,  is  merely  a  promise  to  pay 
the  amount  to  the  bearer.  A  National  Bank  Note  is  a  promise 
by  the  bank  which  i.ssues  it  to  pay  the  bearer  the  amount  of  it, 
and  is  secured,  as  has  been  said,  by  a  deposit  of  government 
bonds.  All  varieties  of  circulating  notes  are  engraved  by  the 
Treasury  and  are  redeemed  or  canceled  by  that  Department. 


{e)  The    War  Department, 

Duties. — This  Department  has  charge  of  the  construc- 
tion and  maintenance  of  the  military  stations  and  of  the 
organization  and  maintenance  of  the  military  forces  of 
the  United  States.  The  Department  has  also  the  direc- 
tion of  the  Military  Academy  at  West  Point,  N.  Y. 
Prior  to   the  establishment  of   the  Department   of    the 


THE  EXECUTIVE  DEPARTMENTS  145 

Interior,  Indian  Affairs  were  for  a  time  conducted  by  the 
War  Department. 

(d)  The  Dejpartinent  of  Justice. 

Duties. — This  Department  has  the  general  supervision 
of  actions  and  proceedings  brought  by  or  against  the 
United  States  in  the  federal  courts,  and  also  has  the  con- 
trol of  the  District  Attorneys  and  Marshals  of  the  United 
States. 

Duties  of  Attorney-General. — The  Attorney- General  is 
required  to  give  a  legal  opinion  upon  any  question  sub- 
mitted to  him  by  the  President  or  by  the  Heads  of  the 
Departments,  and  to  argue  suits  in  the  Supreme  Court  and 
Court  of  Claims  in  Avhich  the  United  States  is  interested. 
He  is  required  to  examine  and  approve  the  title  to  land 
before  it  can  be  purchased  by  tho  United  States  ;  and  he 
also  examines  and  makes  recommendations  concerning 
applications  for  pardons  and  reprieves  before  they  are 
acted  upon  by  the  President. 

(^')  Tlie  Nui'ij  l)c]_)art)ihcnt. 

Duties. — This  Department  is  charged  with  the  con- 
struction, equipment  and  maintenance  of  the  navy  and 
naval  stations,  and  with  the  organization  and  mainte- 
nance of  the  naval  forces  of  the  United  States.  The 
Naval  Academy  at  Annapolis,  Md.,  is  under  this  Depart- 
ment. 

(/*)  The  Post- Office  Department. 

Duties. — This   Department   controls    the    foreign    and 

domestic  postal  service  of  the  United  States.     Its  em- 
10 


146        THE  FEDERAL  GOVERNMENT 

ployees,  excepting  postmasters,  are  generally  subject  to 
the  civil  service  laws. 

Powers  of  Postmaster-General The  Postmaster-Gen- 
eral is  empowered  by  law  to  institute  and  discontinue 
post-offices,  and,  with  the  consent  of  the  President,  and 
without  the  consent  of  the  Senate,  to  negotiate  postal 
treaties  with  foreign  nations. 

(f/)    The  Department  of  the  Interior. 

Duties This  Department   has    charge    of   the    public 

lands,  including  mines,  the  care  of  Indian  tribes  in  the 
United  States,  of  education,  and  of  the  railroads  in  which 
the  United  States  has  an  interest. 

Patents  ;  Pensions The  issuing  of  patents  belongs  to 

this  Department,  as  does  the  granting  of  pensions.  A 
pension  is  a  stated  allowance  granted  to  soldiers  and  sailors 
disabled  by  wounds  incurred  or  disease  contracted  in  the 
service  of  their  country,  and  also,  under  certain  conditions, 
to  their  widows  and  children. 

(Ji)    The  Department  of  Agriculture. 

Duties This  Department  is  devoted  to  the  securing, 

preservation  and  publication  of  information  relative  to  all 
branches  of  agriculture,  the  collection  and  distribution  of 
seeds  among  agriculturists,  the  inspection  of  cattle  and 
meats  exported,  and  the  prevention  of  diseases  among 
live  stock. 

Weather  Bureau This  Department  has  charge  of  the 

Weather  Bureau,  which  issues  daily  weather  maps  and 
forecasts  for  the  succeeding  twenty-four  hours.  The  work 
of  the  Weather  Bureau  is  particularly  valuable  along  the 


THE  EXECUTIVE  DEPARTMENTS  147 

coasts  and  on  the  Great  Lakes  in  giving  timely  warning 
of  approaching  storms,  and  also  in  making  a  study  of  the 
climate  of  the  United  States. 

(Q    The  Department  of  Commerce  and  Labor. 

Duties It  is  the  duty  of  this  Department  to  pi-omote 

trade,  transportation  and  fisheries,  and  the  laboring  and 
manufacturing  interests  of  the  country.  To  this  end,  it 
has  charge  of  lighthouses,  the  coast  survey,  immigration 
and  foreign  commerce.  It  also  embraces  the  Fish  and 
Labor  Commissions  and  takes  the  national  census  every 
ten  years. 

Bureaus The    Bureau  of  Manufacturing   is    charged 

with  the  development  of  manufacturing  industries  and 
markets  for  the  same  at  home  and  abroad.  The  Bureau 
of  Corporations  is  empowered  to  investigate  the  manage- 
ment of  corporations  doing  business  in  two  or  more  States 
and  report  the  same  to  the  President  for  the  purpose  of 
recommending;  legfislation. 

(/)  Commissions^  Bureaus,  Etc. 
Besides  these  Departments,  there  belong  to  the  Execu- 
tive Branch  of  the  government  the  Civil  Service  Commis- 
sion., already  spoken  of;  the  Interstate  Commerce  Com- 
mission., which  has  supervision  of  railroads  which  pass 
from  one  State  into  anotlier ;  the  Government  Printing 
Office,  which  publishes  the  "  Congressional  Record,"  presi- 
dential messages,  reports  and  all  other  official  documents ; 
the  Librarian  of  Congress,  who  is  in  charge  of  the  Library 
of  Congress  and  of  the  issuance  of  Copyrights ;  and  other 
bureaus  in  charcje  of  the  national  museums  and  scientific 
collections. 


148  THE  FEDERAL  GOVERNMENT 

4.  DUTIES  OF  THE  EXECUTIVE. 

Implied  Duties  of  President. — The  duties  of  the  Presi- 
dent are  chiefly  those  implied  in  the  powers  vested  in 
him,  and  for  the  proper  exercise  of  which  he  is  respon- 
sible. 

Annual  and  Other  Messages. — ^There  are  certain  of  his 
duties,  however,  which  are  specified  in  the  Constitution. 
It  is  provided  that: 

He  shall  from  time  to  time  give  to  the  Congress  information  of 
the  state  of  tlie  Union,  and  recommend  to  their  consideration  such 
measures  as  he  shall  judge  necessary  and  expedient ;  .  .  . 
(Art.  n.,  Sec.  3.) 

Custom  has  established  that  at  the  opening  of  each 
session  of  Congress  the  President  shall  send  to  the  two 
houses  an  Afuiual  Message  containing  a  review  of  the 
foreign  and  domestic  affairs  of  the  United  States  during 
the  preceding  3'ear,  and  outlining  what  he  deems  the  best 
policy  as  to  existing  conditions.  The  President  may  also 
submit  a  special  message  to  Congress  at  any  time  when 
a  question  of  importance  arises  which  demands  legislative 
action,  with  or  without  expressing  his  opinion  as  to  the 
course  to  be  pursued. 

Mode  of  Delivering  Messages. — Presidents  Washington 
and  Adams  delivered  their  annual  communications  orally, 
but  President  Jefferson  inaugurated  the  custom,  since  fol- 
lowed, of  sending  them  in  writing,  to  be  read  before  the 
two  houses.* 

*  Presidents  Washington  and  Adams,  at  the  opening  of  each  regular 
session  of  Congress,  complied  with   the  constitutional   requirement  by 


DUTIES  OF  THE  EXECUTIVE  149 

Reception  of  Foreign  Representatives. — The  President  is 
also  directed  by  tlie  Constitution  to  "receive  ambassa- 
dors and  otlier  public  ministers  "  (/c/.).  A  diplomatic 
representative  delivers  his  credentials  to  the  Secretary  of 
State,  and,  if  the}^  are  satisfactory,  he  is  officially  pre- 
sented by  the  latter  officer  to  the  President  and  becomes 
the  recognized  agent  of  his  government.  In  case  t\vo 
governments  exist  in  the  same  country,  it  rests  with  the 
President  to  determine  whicli  of  their  agents  represents 
the  sovereignty. 

Sole  Responsibility  of  President. — The  President  "  shall 
take  care  that  the  laws  be  faithfully  executed  "  {Id.). 
This  provision  emphasizes  his  sole  responsibility  for  the 
proper  administration  of  national  affairs,  and  prevents 
any  question  being  raised  as  to  the  division  of  such  re- 
sponsibility. 

personally  delivering  an  "Annual  Address,"  or  "Speech,"  to  the  two 
houses  of  Congress,  which  met  jointly  for  that  purpose;  and  to  this 
address  each  house  replied  through  its  presiding  officer.  All  other 
communications  of  the  Executive  were  by  "Special  Message,"  a  copj'  of 
which  was  sent  by  messenger  to  each  house.  President  Jefferson,  at 
the  opening  of  the  first  session  after  his  inauguration,  sent  a  memo- 
randum to  Congress  stating  that  he  deemed  it  advisable  not  to  make 
the  annual  communication  "bj'^  personal  address,"  but  to  adopt  the 
method  "  by  message  "  which  had  been  employed  by  his  predecessors 
on  all  special  occasions. 


150 


THE  FEDERAL  GOVERNMENT 


THE    EXECUTIVE    BRANCH. 


THE   PRESIDENT. 

Powers. 

Military. 

["  Army. 
Command  of  -l  Navy. 

[  Militia. 
Conduct  of  military  operations. 
Begin  hostilities. 
Institute  a  blockade. 


Civil. 


< 


Veto. 


Appoint 


Pardon 


Ambassadors. 

Public  Ministers. 

Consuls. 

Judges. 

Other  officers  of  the  United  States. 

3  Classified. 

I  Unclassified. 
Pardon. 
Amnesty. 
Reprieve. 
Commutation  of  sentence. 


Civil  Service 


Conduct  foreign  relations      }  Convene  Congress  for  these 
^  Administer  internal  affairs    )      purposes. 


Duties. 

'  Give  information  \  .     r^  ■<      S  Annual  \  ,, 

^  ,  >  to  Congress  by  i  ^       •  ^   \  Message, 

Recommend  measures  S  ^  ''  (  Special  ) 

Receive  foreign  representatives. 

Execute  the  laws. 


THE  EXECUTIVE  DEPARTMENTS 


151 


THE  EXECUTIVE  DEPARTMENTS. 

Department  of  State. 

Custody  of  the  Great  Seal. 

Promulgate  laws. 

Give  notice  of  )   Constitutional 


Secretary  of 
State 


Correspondence 
with  and 
direction  of 


Promulgate 


Issue 


Diplomatic 

service 


Amend- 
ments. 

Proclamations. 

Presidential  Communica- 

Passports.  [tions. 

Ambassadors. 

Ministers  Plenipotentiary, 
j  Ministers  Resident. 
[  Charges  d' Affaires. 
f  Consuls-General. 


Consular 

service 


J  Consuls. 

I  Commercial  Agents. 
1^  Consvdar  Agents. 
_  Negotiations  with  foi'eign  diplomatic  agents. 

Treasury  Department. 

Customs,  [nue. 
Internal    reve- 


Secretary  of  the 
Treasury 


Collection  of 


Make 


Regula- 
tions 


Coinage 


Immigration. 
Annual  estimate. 
Publish  quarterly  statement. 
Customs  duties. 
Internal  revenue. 

r  Gold. 
Silver. 
Nickel. 
^  Co])per. 
(  Treasuiy  notes. 


Coins 


Circulating 

notes 


U.  S.  notes  (Greenbacks), 
National  bank  notes. 


Supervision  of  national  banks 
Custody  and 
Disbursement  of 


All  government  funds. 


Direction  of 


Life-saving  service. 
'Construction  of  National 
Buildings,  etc. 


152  THE   FEDERAL   GOVERNMENT 


War  Department. 

Secretary  of  War  : 

Construction  and  )     j.      .,..  ^  ^' 

,  -,  .  S  of  military  stations 

{  Maintenance  ) 

Organization  and  )     .  ,      ,  „ 

-,  ^  ^  ot  laud  torces. 

Maintenance  ) 


Department  of  Justice. 

Advise 


(  President. 


Heads  of  departments. 

Argue  U.  S.        \  Supreme  Court. 

The  Attorney-      j  suits  |  Court  of  Claims. 

General  \  Examine  and     |^  Titles  to  lands  purchased 

Approve  j        by  the  United  States. 

Examine  and      }        .  , 

T^  T         -  as  to  pardons. 

Recommend        \  ^ 

Supervision  of  legal  actions  when  United  States  a  party. 
^     ^    1     J.  (  District  Attorneys. 

^Control  of  ^  Marshals. 

Navy  Department. 

Secretary  of  the  Navy  : 

Construction,  )  r  -k^ 

Equipment  and       \-  of   -  ^.^;^'  ^^^^j^^^^ 

Maintenance  ) 

Organization  and  )  ^^  ^^^^j  ^^^^^^^ 

Maintenance  \ 

Post-Office  Department. 

''       -n    .        ,  i  Institute  and      )  -d     ..    «: 

Postmaster-  )  r\-         ^-  r  Post-othces. 

^1,1  -{  Discontinue        ) 

irenerat  ^  Negotiate  postal  treaties. 

Control  of  i)Ostal  (  Foreign, 
service.  \  Domestic. 

Department  of  the  Interior. 

Secretary  of  the  Interior: 

r  Public  lands. 
^,  ,  I  Indians. 

^^•■^  «^  \  Education. 

(  Railroads. 
Issuance  of  patents. 
^  Granting  of  pensions. 


Promote  -: 


THE   EXECUTIVE   DEPARTMENTS  153 

Department  of  Agriculture. 

Secretary  of  Agriculture  : 

Freservatiou  and   )     .        •     ^.       ^  •   c 

Ti  ,  ,.     ^.  -  or  aijricultural  iniormation. 

1  ublication  \         ° 

Collection,  ) 

Testing  and  >•  of  seeds. 

Distribution  ) 

nspection  oi  exported  -  -. , 

Prevention  of  diseases  among  live  stock. 

Weather  Bureau. 

Department  of  Commerce  and  Labor. 

Secretary  of  Cotiinierce  and  Labor  : 

Trade. 

Transportation. 

Fisheries. 

Labor  and 

Manufacture. 

Lighthouses. 

Charge  of  -   Coast  survey. 

(  Foreign  commerce. 

Enforcement  of  immigration  laws. 

Taking  and  }     s       ^-       i 

-D  ■^^•     ^-  -  01  national  census. 

Publication  ) 

Bureau  of  manufacturing. 

Bureau  of  corporations. 

Civil  Service  Commission. 

Interstate  Commerce  Commission. 

Commissioner  of  Labor. 

Fish  Commission. 

Government  Printing  Office. 

I  ..         .  ,  r^  (  Charge  of  Con<jressional  Library. 

Librarian  of  Congress  ,  t       *        *      *   •  w  ^ 

="  (  issuance  oi  copyrights. 

Bureaus  in  charge  of        |  5^^^'«";!^  Museum. 

°  (  ocientinc  collections,  etc. 


CHAPTER  IV. 

THE   JUDICIAL    BRANCH. 
/.    THE  FEDERAL  JUDICIARY. 

The  Judicial  Power.— The  judicial  power  of  the  United 
States,  shall  be  vested  in  one  Supreme  Court,  and  in  such  inferior 
courts  as  the  Congress  may  from  time  to  time  ordain  and  establish. 
(Art.  III.,  Sec.  1.) 

The  system  of  courts  thus  established  is  generall}'"  recog- 
nized as  chieny  instrumental  in  giving  stability  and  23er" 
manence  to  the  national  government. 

Judiciary  of  the  Confederacy. — Under  the  Articles  of 
Confederation  there  was  practically  no  national  judiciary. 
The  Congress  Avas  the  arbiter  in  boundary  disputes  be- 
tween States  and  was  empowered  to  establish  j^rize 
courts  ;  but  the  interpretation  and  application  of  the 
laws  of  the  Confederacy  rested  with  the  state  courts, 
from  whose  decisions  there  was  no  appeal.  As  a  result, 
these  interpretations  were  affected  by  local  prejudice  or 
interest. 

Necessity  of  a  National  Judiciary. — The  need  of  a  na- 
tional judiciary  for  the  application  of  the  national  laws 
in  the  same  way  to  every  citizen  of  every  State,  as  well 
as  :^or  a  check  upon  the  acts  of  the  state  governments 
and  the  legislative  branch  of  the  federal  government, 
w^as  early  recognized  by  the  Convention  of  1787.     The 


THE  FEDERAL  JUDICIARY  155 

check  upon  the  national  legislature  could  not  be  exercised 
by  the  state  courts,  for  there  would  be  no  uniformity  in 
their  decisions.  But  if  there  was  no  such  check,  it  was 
evident  that  the  constitutional  limitations  upon  legisla- 
tion would  be  ineffective,  as  Congress,  in  conjunction 
with  the  President,  would,  like  the  British  Parliament, 
be  practically  supreme. 

Independence  of  Judiciary. — It  was  evident  also  that 
the  tribunal  possessed  of  such  powers  should  be  indepen- 
dent of  the  other  branches  of  the  government,  both  for  its 
maintenance  and  tenure  of  office,  so  that  it  might  act 
Avith  that  freedom  and  fearlessness  which  were  essential 
to  the  proper  performance  of  its  duties.  Therefore  the 
Constitution  provides  that  : 

The  judges,  both  of  the  supreme  and  inferior  courts,  shall  hold 
their  offices  during  good  behavior,  and  sliall,  at  stated  times,  receive 
for  their  services,  a  compensation,  which  shall  not  be  diminished 
during  their  continuance  in  office.    (Art.  III.,  Sec.  1.) 

Establishment  of  the  Judiciary. — There  was  thus  estab- 
lished a  judiciary,  national  and  independent,  with  power 
in  Congress  to  provide  for  inferior  courts,  from  which 
appeals  could  be  taken  to  the  higher  tribunal.  The  pro- 
visions for  the  judiciary  were  determined  upon  in  the 
early  sessions  of  the  Convention,  and  though  the  greater 
part  of  the  Constitution  underwent  numerous  modifica- 
tions, these  remained  practically  unchanged. 

The  Impeaching  Power.— In  one  particular,  however, 
the  national  tribunal  ^vas  deprived  of  a  judicial  power 
originally  given  to  it.  That  was  to  try  impeachments, 
for  it  was  apparent  that  if  no  check  were  placed  upon  the 


156       THE  FEDERAL  GOVERNMENT 

judges  they  might  become  the  supreme  power  in  the  gov- 
ernment by  annulling  the  laws  of  Congress  and  remov- 
ing the  executive  officers  by  impeachment.  To  prevent 
such  a  possibilit}^,  the  Convention  lodged  the  impeaching 
power  in  the  legislative  branch  and  made  the  judicial 
officers  themselves  subject  to  removal  from  office  upon 
impeachment. 

The  completed  Constitution  thus  established  three  divi- 
sions of  the  judicial  power:  first,  that  given  to  the  Sen- 
ate, a  Court  of  Impeachment  ;  second,  the  Supreme  Court 
of  the  United  States  ;  and  third,  such  inferior  courts  as 
Congress  might  create. 

1.  The  Court  of  I^ipeachment. 

Definition. — Impeachment^  under  the  Constitution,  is  a 
charge  made  in  writing  by  the  House  of  Representatives 
to  the  Senate  against  a  civil  officer  of  the  United  States. 
The  charge  or  charges  are  termed  Articles  of  Impeach- 
ment. 

Constitutional  Provisions. — The  provisions  in  the  Con- 
stitution relating  to  impeachment  are  as  follows; 

The  House  of  Representatives  .  .  .  shall  have  the  sole 
power  of  impeachment.  (Art.  I.,  Sec.  2,  CI.  5.)  Tlie  Senate  shall 
have  the  sole  power  to  try  all  impeachments.  Wlien  sitting-  for 
that  purpose,  they  shall  be  on  oath  or  affirmation.  When  the 
President  of  the  United  States  is  tried,  the  Chief  Justice  shall 
pi'eside;  and  no  person  shall  be  convicted  without  the  concurrence 
of  two  thirds  of  the  membei's  present.     (Art.  I.,  Sec.  3,  CI.  6.) 

Judgment  in  cases  of  impeachment  .shall  not  extend  further 
than  to  removal  from  office,  and  disqualification  to  hold  and 
enjoy  any  office  of  honor,  trust  or  profit  under  the  United  States; 
but  the  party  convicted  shall,  nevertheless,  be  liable  and  subject 


THE  FEDERAL  JUDICIARY  157 

to  indictment,  trial,  judgment  and  punishment,  according  to  law. 
(Art.  I.,  Sec.  3,  CI.  7.) 

The  President,  Vice  President  and  all  civil  officers  of  the  United 
States  shall  be  removed  from  office  on  impeachment  for,  and  con- 
viction of,  treason,  bribery,  or  other  high  crimes  and  misdemean- 
ors.    (Art.  II.,  Sec.  4.) 

The  words  ''  civil  officers  "  in  the  last  provision  include 
all  the  judicial  and  executive  officers  of  the  government 
excepting  those  of  the  array  and  navy,  but  it  has  been 
held  that  members  of  the  legislative  branch  are  not  of 
this  class. 

Origin. — Since  the  time  of  Edward  III.  the  English 
House  of  Commons  has  exercised  the  right  to  summon 
any  English  subject  before  the  House  of  Lords  for  trial. 
Upon  this  power  there  was  no  limitation  as  to  person  or 
punishment,  and  its  abuses  prior  to  the  American  Revo- 
lution induced  the  Constitutional  Convention  to  limit  the 
jurisdiction  and  judgment  of  the  Court  of  Impeachment. 

Procedure. — The  method  of  impeachment  in  the  United 
States  is  as  follows:  When  a  civil  officer  is  charged  with 
having  committed  an  impeachable  act,  the  House  of  Rep- 
resentatives appoints  a  committee  to  investigate  the 
charges.  If  the  report  of  the  committee  is  against  the 
accused  and  is  sustained  by  a  majority  of  the  House, 
usually  seven  Representatives,  called  "Managers,"  are 
elected  to  impeach  the  officer  before  the  bar  of  the  Sen- 
ate and  to  conduct  the  trial. 

Trial. — The  accused  is  then  summoned  to  appear  before 
the  Senate,  which  resolves  itself  into  a  Court  of  Impeach- 
ment. If  the  officer  does  not  appear,  the  Senate  takes 
the  proof  without  him;  but  if  he  appears  and  denies  the 


158       THE  FEDERAL  GOVERNMENT 

accusation,  a  timo  is  fixed  for  tlic  trial,  when  it  jiroceeds 
in  much  the  same  way  as  in  an  ordinary  criminal  trial  in 
the  federal  courts.  When  deciding  a  question  raised  dur- 
ing the  trial  or  when  considering  the  verdict,  the  Senate 
does  so  in  secret  session,  after  which  its  decisions  are 
publicly  announced. 

Conviction. — Xo  officer  can  be  convicted  in  case  of  im- 
peachment unless  two-thirds  of  the  Senators  present  con- 
cur, but  it  would  seem  that  questions  raised  during  the 
trial  can  be  determined  by  the  majority.  In  the  trial  of 
a  person  for  treason  the  Constitution  provides  that: 

No  person  shall  bo  convicted  of  treason  unless  on  tho  testimony 
of  two  witnesses  to  the  same  overt  act,  or  on  confession  in  open 
court.     (Art.  III.,  Sec.  3,  CI.  1.) 

Trial  of  President.— In  case  the  President  is  impeached, 
it  is  manifest  that  the  Yice-President  is  interested  in  the 
trial,  for,  if  the  accused  is  convicted  and  deprived  of  his 
office,  the  Vice-President  would  succeed  him.  In  view 
of  this  fact,  the  provision  was  inserted  in  the  Constitu- 
tion that  in  such  case  the  Chief  Justice  shall  preside  at 
the  trial. 

Grounds  for  Impeachment. — The  grounds  for  impeach- 
ment are  stated  in  the  Constitution  to  be  "  treason, 
bribery,  or  other  high  crimes  and  misdemeanors. "  Treason 
against  the  United  States  is  defined  by  the  Constitution 
to  "  consist  only  in  levying  Avar  against  them,  or  in  ad- 
hering to  their  enemies,  giving  them  aid  and  comfort  " 
(Art.  TIL,  Sec.  3,  CI.  1).  Brihery  is  the  giving,  tender- 
ing or  receiving  of  any  gift  as  a  reward  for  performing 
a  legal  duty.     High  crimes  and  misdemeanors  cover  all 


THE  FEDERAL  JUDICIARY  159 

classes  of  crimes,  but  whether  a  crime  committed  by  an 
officer  not  in  his  official  capacit}^  is  an  impeachable 
offense  is  a  question  as  yet  undecided. 

3.  The  Supreme  Court. 

Composition. — This  tribunal  is  composed  of  judges  ap- 
pointed by  tlie  President  with  the  consent  of  the  Senate. 
There  is  no  provision  as  to  number,  although  from  Arti- 
cle II.,  Section  2,  Clause  2,  it  would  appear  that  the 
f  ramers  of  the  Constitution  contemplated  more  than  one 
judge,  and  a  Chief  Justice  is  mentioned  in  Article  I., 
Section  3,  Clause  6  ;  nor  is  it  provided  where  or  when 
the  court  shall  hold  its  sessions.  These  details  have  been 
supplied  by  laws  enacted  by  Congress.  By  the  Judicial 
Act  of  1789  the  number  of  Justices  was  made  six,  which 
has  since  been  increased  to  nine. 

Sessions. — The  Court  sits  at  "Washington,  and  holds  one 
session  annually,  commencing  on  the  second  Monday  in 
October. 

3.  Inferior  Courts. 

Divisions. — In  accordance  with  the  provisions  of  the 
Constitution  (Art.  III.,  Sec.  1),  Inferior  Courts  have  been 
established  by  acts  of  Congress.  They  will  be  considered 
in  the  following  order:  {ci)  District  Courts  ;  (J)  Circuit 
Courts  ;  (c)  Circuit  Courts  of  Appeal  ;  and  {(I)  the  Court 
of  Claims.  The  judges  are  appointed  in  the  same  way 
and  for  the  same  term  as  the  Justices  of  the  Supreme 
Court,  and  their  compensation  is  guaranteed  by  the  same 
constitutional  provision. 


160        THE  FEDERAL  GOVERNMENT 

{a)  District  Courts. 

Districts  and  Judges. — Congress  has  set  apart  each  State 
as  a  judicial  district,  except  in  case  of  the  more  populous 
States,  which  are  divided  into  two  or  more  districts.  At 
present  (1902)  there  are  seventy-three  judicial  districts. 
There  is  a  resident  Judge  in  each  district  ;  and  the  court 
is  held  by  a  District  Judge. 

(b)  Circuit  Coui'ts. 

Circuits  and  Judges. — The  United  States  is  also  divided 
into  nine  judicial  circuits.  To  each  Circuit  the  Supreme 
Court  allots  one  of  its  Justices,  who  must  attend  at  least 
one  term  of  such  Court  in  every  two  years.  For  each 
circuit  there  are  also  appointed  two  or  more  Circuit 
Judges.  Prior  to  the  establishment  of  the  Circuit  Courts 
of  Appeal,  there  was  but  one  Judge  appointed  for  each 
Circuit. 

Terms. — A  Circuit  Court  sits  twice  a  year  in  each  dis- 
trict within  the  circuit.  It  may  be  held  by  the  Justice 
of  the  Supreme  Court,  a  Circuit  Judge,  or  a  District  Judge 
sitting  alone,  or  by  the  Justice  and  a  Circuit  Judge  to- 
gether, or  by  either  of  them  sitting  with  the  District 
Judge. 

(c)  Circuit  Courts  of  Appeal. 

Number  and  Purpose. — They  are  nine  in  number  and 
were  created  for  the  purpose  of  relieving  the  Supreme 
Court  of  certain  classes  of  appeals. 

Composition. — A  Circuit  Court  of  Appeal  consists  of 
three  Judges,  two  of  whom  form  a  quorum.  It  is  held 
by  the  Justice  of  the  Supreme  Court  allotted  to  that  cir- 


THE  FEDERAL  JUDICIARY  161 

cuit  and  two  Circuit  Judges,  but  a  District  Judge  is  also 
competent  to  act.  l^o  judge,  however,  can  hear  a  case 
in  the  Circuit  Court  of  Appeal  at  the  trial  of  which  he 
presided  in  the  District  or  Circuit  Court, 

(d)  The  Court  of  Clairns. 

Composition  and  Session. — This  Court  consists  of  five 
Judges,  appointed  in  the  same  manner  as  other  judicial 
officers,  one  of  whom  is  Chief  Justice  of  the  Court.  It 
sits  in  Washington  and  holds  one  session  annually. 

4.  Court  Officers. 

United  States  Commissioners. —  United  States  Commis- 
sioners are  appointed  in  each  circuit  by  the  Circuit  Courts, 
to  assist  the  District  and  Circuit  Judges.  Their  chief 
duties  are  to  administer  oaths,  to  examine  and  commit 
offenders  against  the  federal  laws,  and  to  examine  wit- 
nesses in  certain  cases. 

District  Attorneys. — A  District  Attorney  is  appointed 
by  the  President  for  each  judicial  district  to  conduct 
criminal  cases  and  civil  actions,  to  which  the  United 
States  is  a  party,  in  the  inferior  courts  except  the  Court 
of  Claims. 

Clerks. — A  Clei^k  is  appointed  by  the  various  courts, 
who  has  charge  of  the  archives,  the  seal  and  the  moneys 
paid  into  court. 

Marshals, — A  Marshal  is  appointed  by  the  President  in 
each  district,  who  executes  the  commands  of  the  court, 
makes  arrests  for  the  violation  of  the  federal  laws  and 
is  given  power  to  appoint  deputies  to  aid  him  in  the  per- 
formance of  his  duties, 
11 


162  THE  FEDERAL  GOVERNMENT 

2.  THE  JURISDICTION  OF  THE  FEDERAL  COURTS. 

Jurisdiction  is  the  authority  to  administer  justice  under  tlie 
laws.  It  may  be  limited  as  to  the  matter  in  controversy,  or  the 
persons  involved.     It  is  also  either  original  or  appellate. 

Original  Jurisdiction  is  the  authority  of  a  court  to  try  a  cause 
which  has  not  been  submitted  to  any  other  court,  to  receive  evi- 
dence of  the  facts,  to  apply  the  laws  and  to  render  judgment. 

Appellate  Jurisdiction  is  the  authoiuty  of  a  court  to  review  a 
cause,  tried  and  determined  in  another  court,  without  taking  fur- 
ther evidence,  and  to  revei'se,  modify  or  approve  the  judgment 
rendered. 

Concurrent  Jurisdiction  is  that  which  a  court  possesses  in 
common  with  another  court  or  courts. 

The  Common  Law  consists  of  those  rules  of  justice,  not  enacted 
by  the  legislative  power,  which  courts  in  England  and  the 
United  States  have  declared  to  be  the  right  principles  for  the 
regulation  of  society. 

As  the  rules  of  the  Common  Law  became  definite  and  fixed, 
anotlier  branch  of  jurisprudence  was  introduced,  termed  Equity, 
which  arose  from  the  same  source,  natural  justice,  and  was  in- 
tended to  supplement  or  correct  the  settled  rules  of  the  Com- 
mon Law,  when  their  application  would  Avork  hardship  or  in- 
justice. 

The  Common  Law  and  Equity  are  termed  the  Unwritten  Law. 
Statute  Laio  comprises  those  laws  which  have  been  enacted  by 
the  legislative  power.  These  are  called  the  Written  Law,  and 
supersede  the  Common  Law  and  Equity  whenever  their  rules 
conflict. 

This  system  of  jurisprudence,  introduced  in  America  with  the 
earliest  English  settlements,  was  the  only  one  with  which  the 
Colonists  were  familiar  at  the  time  of  the  Revolution.  It  was, 
therefore,  recognized  as  a  proper  basis  for  judicial  proceedings, 
and  is  to-day  the  system  employed  in  the  federal  courts  and  in  all 
the  States  except  Louisiana,  which  derives  its  jurisprudence  from 
France,  and  except  in  relation  to  certain  questions  of  land  titles 
arising  in  the  States  and  Territories  included  in  the  lands  ceded 
to  tlie  L'nited  States  by  Mexico. 

Admiralty  Law  is  that  which  relates  to  maritime  cases,  both 


JURISDICTION   OF  THE  FEDERAL  COURTS      163 

civil  and  criminal,  and  in  the  United  States  pertains  to  the  high 
seas,  the  gi'eat  lakes  and  navigable  rivers. 

A  CRIMINAL  ACTION  is  a  prosecution  in  a  coux-t  of  law  begun  by 
the  Government  against  an  individual,  which  has  for  its  object 
the  punishment  of  a  crime. 

A  CIVIL  ACTION  is  one  begun  by  the  Government  or  a  person 
against  another  person,  to  collect  debts,  enforce  contracts,  deter- 
mine rights  or  recover  damages  for  injuries. 

A  PERSON,  in  a  legal  sense,  includes  a  single  indvidual,  a  partner- 
ship, association  or  corporation. 

1.  Constitutional   Limitations. 

As  to  Subject. — As  to  the  subject  in  controversy ,  the 
jiirisclictioii  of  the  federal  courts  is  limited  by  the  Con- 
stitution 

to  all  cases,  in  law  and  equity,  arising  under  this  Constitution, 
the  laws  of  the  United  States,  and  treaties  made,  or  which  shall 
be  made,  under  their  authority  ;  .  .  ,  [and]  to  all  cases  of 
admiralty  and  maritime  jurisdiction ;  .  .  .  (Art.  III.,  Sec.  2, 
CI.  1.) 

As  to  Parties. — As  to  parties,  the  federal  jurisdiction  is 
limited  bv  the  Constitution 

to  all  cases  affecting  ambassadors,  other  public  ministers,  and 
consuls  ;  .  .  .to  controversies  to  which  the  United  States  shall 
be  a  party ;  to  controversies  between  two  or  more  States ;  between  a 
State  and  the  citizens  of  another  State  ;  between  citizens  of  differ- 
ent States;  between  citizens  of  the  same  State  claiming  lands  un- 
der gx'ants  of  different  States,  and  between  a  State,  or  the  citizens 
thereof,  and  foreign  states,  citizens  or  subjects.     {Id.) 

Tlie  above  provisions  were  modilied  in  lTi>S  by  Amend- 
ment XI,,  which  provides: 

The  judicial  power  of  the  United  States  shall  not  be  construed 
to  extend  to  any   suit   in   law  or  equity,   commenced  or  pi'ose- 


164       THE  FEDERAL  GOVERNMENT 

cuted   against  one  of  the  United  States  by  citizens  of  another 
State,  or  by  citizens  or  subjects  of  any  foreign  State. 

As  to  Penalties. — In  criminal  cases  the  Constitution 
provides  that  excessive  fines  shall  not  be  imposed  nor 
cruel  and  unusual  punishments  be  inflicted  (Amendment 
YIII. ;  see  page  185).  In  convictions  for  treason  the  pun- 
ishment is  limited  by  the  provision  that 

no  attainder  of  treason  shall  work  corruption  of  blood,  or  for- 
feiture except  during  the  life  of  the  person  attainted.  (Art.  III., 
Sec.  3,  CI.  2.) 

Congress,  under  the  power  granted  to  it  by  this  last 
section,  has  fixed  the  punishment  as  death,  or,  at  the  dis- 
cretion of  the  court,  imprisonment  for  not  less  than  five 
years,  a  fine  of  not  less  than  ten  thousand  dollars,  and 
incapacity  to  hold  any  office  under  the  United  States. 

2.  Original  and  Appellate  Jurisdiction  of  the 
Supreme  Court. 

Original. — The  original  jurisdiction  of  the  Supreme 
Court  is  confined  to  two  classes  of  cases,  for  the  Consti- 
tution provides: 

In  all  cases  affecting  ambassadors,  other  public  ministers  and 
consuls,  and  those  in  which  a  State  shall  be  a  party,  the  Supreme 
Court  shall  have  original  jurisdiction.     (Art.  III.,  Sec.  2,  CI.  2.) 

Appellate. — The  appellate  jurisdiction  of  the  Court  is 
much  more  extensive,  but  is  subject  to  congressional 
regulations,  which  pertain  chiefly  to  limiting  the  classes 
of  cases  which  can  be  appealed.  The  provision  of  the 
Constitution  is  : 


JURISDICTION  OF  THE  FEDERAL  COURTS      165 

In  all  the  other  cases  before  mentioned  the  Supreme  Court 
shall  have  appellate  jurisdiction,  both  as  to  law  and  fact,  with 
such  exceptions,  and  under  such  regulations  as  the  Congress 
shall  make.     (Id.) 

3.  Jurisdiction  of  the  Inferior  Courts. 

Power  of  Congress. — As  these  tribunals  are  created  by 
Congress,  it  follows  that  their  jurisdiction  must  be  estab- 
lished by  legislative  acts,  but  it  cannot  exceed  the  con- 
stitutional limitations. 

Congress  can,  therefore,  change  or  modify  the  jurisdic- 
tion of  the  different  courts  at  any  time,  and  this  has  been 
done  in  certain  instances. 

(a)  Courts  of  Original  Jiorisdiction. 

The  Courts. — The  courts  of  original  jurisdiction,  only, 
are  the  District  Courts,  the  Circuit  Courts  and  the  Court 
of  Claims. 

District  and  Circuit  Courts. — The  District  and  Circuit 
Courts  have  concurrent  jurisdiction  of  some  civil  actions 
and  certain  criminal  cases,  but  all  of  the  latter  in  which 
the  sentence  of  death  may  be  imposed  must  be  brought 
in  a  Circuit  Court.  Admiralty  cases  and,  generally,  bank- 
ruptcy matters,  must  come  before  the  District  Courts, 
while  cases  arising  under  the  revenue,  patent  and  copy- 
right laws  must  be  brought  in  the  Circuit  Courts. 

Juries. — The  trial  of  all  crimes,  except  in  cases  of  impeach- 
ment, shall  be  by  jury  ;  and  such  trial  shall  be  held  in  the  State 
where  the  said  crimes  shall  have  been  committed;  but  when  not 
committed  within  any  State,  the  trial  shall  be  at  such  place  or 
places  as  the  Congress  may  by  law  have  directed.  (Art.  III., 
Sec.  2,  CI.  3.)  (See  Amendments  VI.  and  VII.,  pages  185  and 
187.) 


166        THE  FEDERAL  GOVERNMENT 

Court  of  Claims. — The  Court  of  Claims  has  sole  and 
original  jurisdiction  of  claims  against  the  United  States 
Government  generally,  and  in  all  cases  which  involve 
less  than  three  thousand  dollars  its  decisions  are  final. 

(h)  Courts  of  Appellate  Jurisdiction. 

Circuit  Courts  of  Appeal. — ^Except  in  certain  cases,  in 
which  Congress  has  provided  for  appeals  directly  to  the 
Supreme  Court,  a  party  dissatisfied  with  the  decision  of 
a  District  or  Circuit  Court  may  appeal  to  a  Circuit  Court 
of  Appeal;  and  in  some  cases,  such  as  those  relating  to 
the  revenue,  patent,  or  copyright  laws,  or  those  involving 
less  than  five  thousand  dollars  the  decision  of  the  Cir- 
cuit Court  of  Appeal  is  final. 

Supreme  Court. — Except  when  the  decision  of  a  Cir- 
cuit Court  of  Appeal  is  final,  a  party  may  appeal  from  its 
decision  to  the  Supreme  Court  ;  and  in  cases  involving 
such  questions  as  the  interpretation  of  the  Constitution  or 
a  treaty,  the  conviction  for  a  crime  punishable  with  death 
or  the  jurisdiction  of  a  court,  a  part}'"  can  appeal  directhj 
to  the  Supreme  Court  without  first  having  the  case  re- 
viewed by  a  Circuit  Court  of  Appeal.  It  has  also  been 
provided  by  Congress  that  when  a  case  before  the  courts 
of  a  State  involves  questions  relating  to  the  federal  Con- 
stitution, laws  or  treaties,  a  party  can  appeal  from  the 
highest  state  court  to  the  Supreme  Court. 


THE  JUDICIAL  BRANCH 


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168 


THE  FEDERAL  GOVERNMENT 


SOURCE    OF   AUTHORITY   IN   THE   FEDERAL 
GOVERNMENT. 


OFFICIAL  TERMS  AND  SALARIES 


169 


TABLE  GIVING  THE  SOURCE  OF  AUTHORITY,  TERMS  OF 
OFFICE  AND  SALARIES  OF  SENATORS,  REPRESENTA- 
TIVES AND  PRINCIPAL  EXECUTIVE  AND  JUDICIAL 
OFFICERS    OF    THE    UNITED    STATES. 


LEGISLATIVE— 
Senators 


Representatives , 

Territorial  Delegates  . 

EXECUTIVE— 
( Civil) 

President 

Vice-President 

Cabinet  Officers 


Solicitor-(}eneral 

Assistant  Secretaries 

Ambassadors 

Ministers  Plenipotentiary 

Ministers  Resident 

Consuls-General..:     

Consuls 


Civil  Service  Commissioners 

Interstate  Commerce  Commissioners 

District  Attorneys 

Marshals 

(Army) 

Lieutenant-Gcncral 

Major-Generals 

Brigadier-Generals 

Colonels 

(.Navy) 

Admirals 

Rear- Admirals 

Captains 


JUDICIAL— 

Chief  Justice  of  the  United  States. . 

Justices  of  Supreme  Court 

Circuit  Judges 

District  Judges 

Judges  of  Court  of  Claims 


Source  of 

Terji  of 

Authority 

Office 

Elected  by  State 

Legislatures 

G  years 

Sleeted  by  People 

2  years 

Elected  by  Electors 

Appointed  by  Presi- 
dent and  confirmed 
by  Senate 


4  years 

Will  of  the 
President 


Life 


Salary 


§5,000 


50,000 
8,000 
8,000 


7,000 

4,000-4,500 

17,.500 

5,000-12,000 

4,0()0-~,.500 

2,000-5,000 

1,000-5,000 
(and  fees)* 

.3,500 

T,500 

Fees  + 

"  + 

11, (XX) 

7,500 

5,500 

3,500-4,.500 

1:3,500 

5,500-7,!)00 

3,500 


13,000 

12,500 

7,000 

6,000 

6,000-6.500 


*  To  some  consulates  are  attached  the  fees  which  form  a  part  or  all  of  the  consul's 
compensation. 

t  Besides  the  fees  allowed,  these  officers  are  usually  paid  $200  annually. 


CHAPTER  Y. 

THE    STATES   AND    TERRITORIES. 

National  Protection. — The  United  States  shall  guarantee  to 
every  State  in  this  Union  a  republican  form  of  government,  and 
shall  protect  each  of  them  against  invasion;  and  on  apjilication  of 
the  legislature,  or  of  the  executive  (when  the  legislature  cannot 
he  convened)  against  domestic  violence.     (Art.  IV.,  Sec.  4.) 

Thus  is  established  permanency  to  republican  institu- 
tions, not  only  in  the  nation  as  a  whole,  but  in  the  vari- 
ous States.  All  the  provisions  of  this  section  are  designed 
to  su])press  any  effort  within  or  without  a  State  to  over- 
throw its  republican  government  and  establish  another 
form  in  its  stead.  Even  if  a  State  itself  should  desire  a 
change  in  its  system  of  government,  it  would  be  the-  duty 
of  the  nation  to  resist  such  change  with  all  its  power,  even 
by  force  of  arms. 

Illustrations. — A  delicate  question  as  to  the  powder  of 
the  national  government  in  this  capacity  arose  at  the 
close  of  the  Civil  War  in  the  case  of  the  seceding  States, 
There  was  one  opinion  that  by  the  act  of  secession  ttiese 
States  had  lost  all  their  sovereign  rights  and  were  a  por- 
tion of  the  territory  of  the  nation.  Another  opinion  was 
that  they  still  possessed  these  rights.  As  a  result  they 
were  held  under  military  control  until  it  was  assured  that 
the  state  governments  w^ere  still  republican  in  form  and 
strong  enough  to  maintain  themselves. 


THE  STATES  AND  TERRITORIES  171 

The  national  government  is  also  the  natural  protector 
of  the  States  in  the  case  of  foreign  invasion  or  domestic 
troubles.  In  the  latter  instance  its  power  has  frequently 
been  exercised,  particularly  in  the  case  of  the  Dorr  Re- 
bellion (18-1-2),  and  later  during  the  great  railroad  strike 
of  187Y,  when  the  state  authorities  were  unable  to  enforce 
the  laws,  preserve  order  or  protect  property. 

Form  of  State  Governments. — ^As  a  result  of  this  pro- 
vision there  are,  besides  the  national  government,  as 
many  governments,  independent  so  far  as  their  local 
affairs  are  concerned,  as  there  are  States.  Each  of  these  is 
a  republic  with  an  executive,  called  a  "  Governor,"  who 
resembles  the  President  in  his  powers  and  duties,  a  judi- 
cial branch,  and  a  legislative  branch  consisting  of  two 
houses  similar  in  organization  to  the  Senate  and  House 
of  Representatives,  but  with  more  varied  powers  than 
those  of  Congress. 

"  State  Rights." — ^The  relation  of  a  State  to  the  Union 
was  for  many  years  one  of  the  most  important  questions 
which  confronted  our  statesmen.  One  class  maintained 
that  the  States  could  withdraAv  fi'om  the  Union  at  any 
time  they  desired.  The  contrary  opinion  was  that,  hav- 
ing surrendered  to  the  federal  government  certain  sov- 
ereign rights,  they  could  not  reassume  them  at  their 
own  will.  For  years  this  discussion  engaged  the  ablest 
minds  of  the  country,  and  at  times  nearl\'  led  to  open 
conflict.  The  act  of  the  State  of  South  Carolina  in  resist- 
ing the  collection  of  duties  during  the  administration  of 
President  Jackson  was  such  an  instance.  At  length  this 
difference  of  opinion  came  to  be  marked  sectionally,  civil 
war  followed,  and  the  question  of  secession  was  settled 


172        THE  FEDERAL  GOVERNMENT 

forever.     The  principle  determined  by  tiie  war  is  stated 
by  Chief  Justice  Waite  as  follows: 

All  the  rights  of  the  States  as  independent  nations  were  surren- 
dei'ed  to  the  United  States.  The  States  are  not  nations,  either  as 
between  themselves  or  towards  foreign  nations.  They  are  sov- 
ereign within  their  spheres,  but  their  sovereignty  stops  short  of 
nationality. 

State  Comity. — For  the  sake  of  uniformity  and  the  pro- 
motion of  justice  between  the  several  States,  it  was  pro- 
vided that : 

Full  faith  and  credit  shall  be  given  in  each  State  to  the  public 
acts,  records,  and  judicial  proceedings  of  every  other  State.  And 
the  Congress  may  by  general  laws  prescribe  the  manner  in  which 
such  acts,  records  and  proceedings  shall  be  proved,  and  the  effect 
thereof.     (Art.  IV.,  Sec.  1.) 

This  provision  does  not  extend  the  power  of  a  State 
bevond  its  borders,  but  is  intended  to  make  valid  in  all 
parts  of  the  Union  the  acts  of  a  State  in  the  exercise  of 
its  lawful  powers.  Thus,  judgments  of  the  courts  of  one 
State  cannot  be  questioned  in  any  other,  and  records  of 
the  title  of  property  are  conclusive  in  every  State.  If 
this  were  not  so,  and  if  questions  once  determined  could 
be  reopened  to  litigation  in  other  States,  the  greatest 
confusion  and  injustice  would  result  from  the  difficulty 
of  presenting  evidence  to  the  courts. 

Rights  of  Citizens.— The  citizens  of  each  State  shall  be  entitled 
to  all  privileges  and  immunities  of  citizens  in  the  several  States. 
(Art.  IV.,  Sec.  2,  CI.  1.) 

This  has  been  already  considered.  (See  page  98.)  It 
was  not,  however,  intended  that  a  person  under  obliga- 


THE  STATES  AND   TERRITORIES  173 

tions  to  a  State  could  free  himself  by  removing  to  another 
State.     For — ■ 

A  person  charged  in  any  State  with  treason,  felony,  or  other 
crime,  who  shall  tiee  from  justice,  and  be  found  in  another  State, 
shall  on  demand  of  the  executive  authority  of  the  State  from 
whicli  he  fled,  be  delivered  up,  to  be  removed  to  the  State  having 
jurisdiction  of  tlie  crime.     (Art.  IV.,  Sec.  2,  CI.  2.) 

This  demand  and  surrender  are  called  "  Extradition," 
and  Congress  has  provided  rules  for  its  exercise.  Its 
value  is  seen  in  the  means  it  affords  of  bringing  criminals 
to  justice.  If  there  were  not  such  a  provision,  and  if  it 
were  possible  for  a  man  by  fleeing  from  the  State  where 
the  crime  was  committed  to  escape  the  penalties  attached, 
crimes  would  increase  and  every  State  would  become  an 
asylum  for  rogues  and  criminals  from  other  States. 

Fugitive  Slaves. — No  person  held  to  service  or  labor  in  one 
State,  under  the  laws  thereof,  escaping-  into  another,  shall,  in  con- 
sequence of  any  law  or  regulation  therein,  be  discharged  from  such 
service  or  labor,  but  shall  be  delivered  up  on  claim  of  the  party  to 
whom  such  service  or  labor  may  be  due.     (Art.  IV.,  Sec.  2,  CI.  3.) 

When  it  was  adopted,  this  was  an  important  provision. 
It  was  demanded  by  the  delegates  of  the  "  slave  "  States 
as  a  protection  to  their  })roperty.  At  that  time  Massa- 
chusetts had  prohibited  slavery  within  its  borders,  and  it 
was  disappearing  in  other  Northern  States.  It  was  seen 
that  without  the  existence  of  the  relation  of  master  and 
servant  there  would  be  no  means  of  compelling  the  return 
of  a  runaway  slave  who  had  escaped  to  a  "  free  "  State. 
The  enforcement  of  this  provision  during  the  slavery  agi- 
tation met  with  great  opposition  in  some  places,  and  was 
often  evaded  ;  and  its  "  injustice  "  was  one  of  the  most 


174        THE  FEDERAL  GOVERNMENT 

powerful  arguments  used  by  the  anti-slavery  agitators. 
The  Civil  War  and  the  abolition  of  slavery  rendered  the 
section  practically  obsolete,  for  although  it  included  ap- 
prentices and  others  bound  to  service,  it  is  now  of  little 
effect. 

Federal  Territory. — The  Congress  shall  have  power  to  dispose 
of  and  make  all  needful  rules  and  regulations  respecting  the  ter- 
ritory or  other  property  belonging  to  the  United  States  ;  and 
nothing  in  this  Constitution  shall  be  so  construed  as  to  prejudice 
any  claims  of  the  United  States,  or  of  any  particular  State.  (Art. 
IV.,  Sec.  3,  CI.  2.) 

At  the  time  of  the  adoption  of  the  Constitution  the 
vast  territory  lying  between  the  States  and  tlie  Missis- 
sippi River  had,  with  the  exception  of  a  portion  belong 
ing  to  Georgia  and  l^orth  Carolina,  been  ceded  to  iht. 
general  government,  and  very  properly  power  was  giver 
to  Congress  to  make  rules  respecting  this  territory,  with 
a  proviso  protecting  the  rights  of  Georgia  and  Korth 
Carolina.  These  States  subsequently  relinquished  their 
claims  to  this  land,  and  the  proviso  is  now  of  no  effect. 

Acquisition  of  Territory. — From  time  to  time  since  the 
adoption  of  the  Constitution  large  tracts  have  been  added 
to  the  national  domain.  In  1S03  we  acquired  by  pur- 
chase from  France  the  territory  then  known  as  Louisiana. 
In  1819  Florida  was  ceded  to  us  by  Spain.  Texas  joined 
of  its  own  wiU  in  1845,  and  the  Mexican  AVar  (1848)  and 
Purchase  (1853)  added  the  Soutliwestern  territory.  Alaska 
was  purchased  in  1867  from  Eussin,  while  more  recently 
the  annexation  of  Hawaii  (1898)  and  the  cessions  follow- 
ing the  war  with  Spain  (1898)  have  further  increased  our 
possessions.     The  Constitution  is  silent  upon  the  power 


THE  STATES  AND  TERRITOEIES  1Y5 

to  acquire  new  territory,  but  on  the  theory  that  as  a  sov- 
ereign power  the  naiion  possesses  all  the  rights  of  sov- 
ereignty^, among  which  is  the  right  to  acquire  territor}^, 
the  exercise  of  this  power  by  the  Government  has  been 
generally  acquiesced  in.  This  is  particularly  true  when 
such  acquisition  has  been  made  by  purchase  or  the  con- 
sent of  the  people  of  the  territory  annexed,  and  while 
there  has  been  question  as  to  the  right  to  obtain  lands  by 
conquest,  the  prevailing  opinion  has  been  favorable  to 
the  existence  of  such  right.  This  sentiment  is  stated  very 
clearly  by  Fomeroy  in  his  "  Constitutional  Law." 

Congress  may  declare  war,  and  the  President,  as  Commander- 
in-chief,  may  wage  war.  One  of  the  most  common  results  of  war 
is  conquest,  and  unless  the  wars  of  this  countrj^  are  to  be  carried 
on  diU'erently  from  those  of  other  nations,  and  vmless  we  are  to 
be  deprived  of  the  advantages  of  success,  the  possibihty  of  con- 
quest must  be  considered  as  included  within  the  capacity  to 
declare  and  wage  war.  The  President,  with  the  advice  and  con- 
sent of  two  thirds  of  the  Senate,  may  make  treaties.  No  kinds  oi 
treaties  are  specified,  no  limitations  are  placed ;  the  language  is  ai' 
broad  as  possible  ;  indeed,  these  international  compacts  are  ex- 
pressly declared  to  be  the  supreme  law  of  the  land.  No  species  o^ 
treaty  is  more  common  than  that  of  cessioii;  and  unless  we  would 
iiiterpolate  a  restriction  wliich  the  language  of  the  Constitution 
does  not  require,  and  thereby  place  the  United  States  in  a  condi- 
tion of  inferiority  to  all  other  countries,  we  must  admit  that  ter- 
ritory may  be  acquired  by  treaty. 

And  the  Supreme  Court  of  the  United  States,  through 
Chief  Justice  Marshall,  has  said: 

The  Constitution  confers  absolutely  on  the  government  the 
powers  of  making  war  and  of  making  treaties.  Consequcntl}'  that 
government  possesses  the  power  of  acquiring  territory  either  by 
conquest  or  treaty. 


176        THE  FEDERAL  GOVERNMENT 

Congressional  Power  over  Territory. — Over  territory  so 
acquired  Congress  has,  for  a  time,  exercised  exclusive 
control.  In  order  to  secure  settlers  and  build  up  States, 
it  has  enacted  general  laws  for  the  sale  of  lands  and  the 
making  of  grants  and  loans,  and  has  established  a  system 
for  the  survey  of  vast  tracts  and  the  regulation  of  titles. 
But  the  disposition  of  public  lands  is  only  a  small  part  of 
this  power  of  Congress.  It  can  enact  local  laws  for  the 
Territories,  regulating  the  ordinary  intercourse  of  in- 
dividuals, the  procedure  of  courts,  the  chartering  of 
railroads,  and,  in  a  Avord,  can  perform  all  other  legisla- 
tive acts  which  can  be  done  by  the  legislature  of  a  State. 

Territorial  Government. — Congress  has  not,  however, 
continued  this  local  control.  From  time  to  time  various 
sections  have  been  organized  into  Territories,  over  which 
local  governments  have  been  established.  The  system 
varies  in  certain  details,  but  in  the  main  it  is  the  same 
in  all.  The  government  is  republican,  and  forms  a  fit- 
ting school  for  subsequent  statehood. 

Territorial  Officers, — The  executive  officer  is  a  Governor 
appointed  l)y  tlie  President,  with  the  consent  of  the  Sen- 
ate, for  a  term  of  four  vears.  He  must  reside  in  the 
Territory  and  is  Commander-in-chief  of  the  territorial 
militia.  He  may  grant  pardons  and  reprieves  and  remit 
fines,  but  his  action  in  these  matters  is  subject  to  reversal 
by  the  President.  He  has  also  a  limited  veto  power. 
A  Secretary  is  appointed  in  the  same  manner  and  for 
the  same  term  as  the  Governor,  who,  besides  being  the 
custodian  of  all  territorial  papers,  and  the  recorder  of 
the  laws  and  proceedings  of  the  legislature,  performs 
the  duties  of  Governor  during  a  vacancy  in  that  office. 


THE  STATES  AND  TERRITORIES  ITT 

There  are  also  a  Treasurer,  a  Chief  Justice  and  Associate 
Justices,  District  Attorney,  Marshal,  and  Superintendent 
of  Education,  all  appointed  by  the  President  and  con- 
firmed by  the  Senate, 

Territorial  Legislature. — The  legislative  branch  consists 
of  two  houses,  the  members  of  which  are  elected  by  dis 
tricts  every  two  years  by  popular  vote.  The  legislative 
power  extends  to  "  all  rightful  subjects  of  legislation,  not 
inconsistent  with  the  Constitution  and  la^vs  of  the  United 
States,  But  no  laws  can  be  passed  interfering  with  the 
disposal  of  the  soil.  Iso  tax  shall  be  imposed  upon 
property  of  the  United  States,  ISTor  shall  the  lands  or 
other  property  of  non-residents  be  taxed  higher  than  the 
lands  or  other  property  of  residents,"  But  all  acts, 
besides  being  subject  to  the  veto  of  the  Governor,  may 
be  annulled  by  an  Act  of  Congress. 

Territorial  Judiciary. — The  judicial  branch  consists  of  a 
Chief  Justice  and  at  least  two  Associate  Justices  of  the 
Supreme  Court  of  the  Territory,  appointed  by  the  Presi- 
dent, and  Justices  of  the  Peace  elected  by  the  people. 
Each  territory  is  divided  into  as  many  Judicial  Districts  as 
there  are  Supreme  Court  Justices,  and  the  Supreme  Court 
has  both  original  and  appellate  jurisdiction.  Appeals 
therefrom  are  taken  to  the  Supreme  Court  of  the  United 
States. 

Territorial  Citizenship. — The  Territories  have  no  part  in 
the  election  of  President,  nor  have  they  Senators  or  Rep- 
resentatives, though  each  is  entitled  to  one  Delegate  to 
the  House  of  Pepresentatives,  Of  the  position  of  a  citi- 
zen of  an  organized  Territory,  Bryce  in  his  "  American 

Commonwealth  "  says: 
12 


ITS        THE  FEDERAL  GOVERNMENT 

What  may  be  called  liis  private  or  passive  citizenship  is  com- 
plete. He  has  all  the  immunities  and  benefits  which  an  Ameincan 
citizen  enjoys.  But  the  public  or  active  side  is  wanting-,  so  far  as 
the  National  Government  is  concerned,  although  complete  for 
\ocal  purposes. 

The  District  of  Columbia. — The  government  of  the  Dis- 
trict of  Cokimbia  differs  to  such  an  extent  from  that  of 
the  Territories  as  to  require  special  mention.  Congress 
has  exclusive  control  of  this  District  (Art.  L,  Sec.  8, 
CI.  lY).  All  laws  are  made  by  Congress  and  enforced 
by  a  Commission  consisting  of  an  officer  of  the  Corps  of 
Engineers  of  the  Army  of  a  higher  rank  than  captain, 
and  two  civilians,  citizens  of  the  United  States  and  resi- 
dents of  the  District,  appointed  by  the  President  with 
the  consent  of  the  Senate,  for  a  term  of  three  years. 
The  Commission  is  authorized  to  make  police  and  other 
municipal  regulations,  collect  and  apply  taxes  to  the  sup- 
port of  schools  and  other  public  purposes,  and  exercise 
all  the  powers  usually  vested  in  the  governing  body  of 
cities,  but  the  local  taxes  are  fixed  by  Congress.  The 
Judiciary  of  the  District  consist  of  a  Supreme  Court  with 
a  Chief  Justice  and  six  Associate  Justices,  which  has 
general  jurisdiction  of  law  and  equity.  From  this  court 
appeals  can  be  taken  to  the  Court  of  Appeals  of  the 
District,  consisting  of  three  Judges,  to  which  court  is 
also  taken  any  appeal  from  the  decision  of  the  Com- 
missioner of  Patents.  From  the  Court  of  Appeals  appeals 
may  be  taken  to  the  Supreme  Court  of  the  United  States. 

Admission  of  States. — New  States  may  be  admitted  by  the 
Congress  into  tliis  Union;  but  no  new  State  shall  be  formed  or 
erected  within  the  jurisdiction  of  any  other  State;  nor  any  State 


THE  STATES  AND  TERRITORIES  1Y9 

be  formed  by  the  junction  of  two  or  more  States,  or  parts  of  States, 
without  the  consent  of  the  legishitures  of  tiie  States  concerned  as 
well  as  of  the  Congress.     (Ai*t.  IV.,  Sec.  3,  CI.  1.) 

How  long  a  Territory  shall  remain  such  is  a  question 
to  be  determined  by  Congress  alone,  and  its  action  is  not 
affected  by  the  population,  wealth  or  the  extent  of  the 
Territory.  Political  interests,  as  the  retention  of  party 
power,  and  national  questions,  as  slavery,  have  influenced 
the  action  of  Congress  to  a  large  extent.  For  a  long 
time  there  was  no  uniformity  as  to  the  population  neces- 
sary for  admission,  and  great  discrimination  has  been 
shown  from  time  to  time  in  favor  of  Territories  in  which 
it  was  supposed  the  sentiment  on  great  questions  was  the 
same  as  that  of  the  dominant  political  party  in  Congress. 
There  is  now  a  rule  which  provides  that  no  Territory 
will  be  admitted  as  a  State  until  it  has  a  population  suffi- 
cient to  entitle  it  to  a  representative  in  Congress. 

Methods  of  Admission. — States  are  usually  admitted  in 
one  of  two  ways.  Either  Congress  passes  an  ' '  enabling 
act,"  by  \vhich  the  people  are  authorized  to  adopt  a  con- 
stitution in  which  certain  provisions  may  be  required  to 
be  inserted,  upon  })orformance  of  which  the  Territory 
becomes  a  State  ;  or,  the  people  of  a  Territory  submit 
a  constitution  to  Congress,  and  upon  its  approval  tiie 
Territory  becomes  a  State. 

Limitation. — The  limitation  placed  upon  the  power  of 
Congress  to  form  States  was  designed  as  a  protection  to 
the  large  States  which  feared  that  they  might  be  divided, 
and  the  small  States,  which  feared  that  they  might  be 
consolidated  into  large  States,  and  is  another  example  of 
the  compromises  made  in  the  Constitutional  Convention. 


180 


THE  FEDERAL  GOVERNMENT 


GOVERNMENTAL   FORMS   IN   STATES  AND   TERRITORIES. 


STATES: 

.    ,    ^.  (  Senate 

Legislative  ■,  lo„,,,.  House 


>■  Elected  by  the  people. 
Executive     -!  Governor  J 

^.^'^^'l  '  ,^  .   .     ,  Elected  by  the  people  or 

J   Courts  of  Original  ^    .         ■   ^  J  ,     ^ 

T    .   T  ,.  Appointed  by  Governor. 

^      Jurisdiction  j      rr 


Judicial 


TERRITORIES: 


Legislative 


Executive 


Judicial 


Terkitories 
become 
States 


U.  S.  Congress 

Council  )   Elected    by   the 

Territorial  J   House  of  Representatives  '       people. 

Legislature  1   Limited  by  veto  of  Governor  and  act  of  Con- 
l      gress. 


Appointed    by    President   with    consent   of 
Senate. 


Governor 
Secretary 
Treasurer 
District  Attorney 
iSIarshal 

Superintendent  of 
i_     Education 

J  Chief  Justice  {  Appointed  by  President 

^  '  Associate  Justices  *     with  conbcut  of  Senate. 

Justices  of 


J-  Elected  by  the  people, 
by  Act  of  Congress  |  before  J  ^^^  ^^  ^^^^^^^^_ 


the  Peace 

)f  Congress 
with  Constitution  adopted   '  after 


CHAPTER  YI. 

GENERAL   PROVISIONS. 

National  Credit. — Credit  gives  stability  in  national  as 
well  as  in  private  concerns.  A  nation  can  better  lose  its 
armies  than  its  credit.  In  consequence  of  these  truths 
there  was  inserted  in  the  Constitution  a  provision  that: 

All  debts  contracted  and  eng-agements  entered  into,  before  the 
adoption  of  this  Constitution,  shall  be  valid  against  the  United 
States  under  this  Constitution,  as  under  the  Confederation.  (Art. 
VI.,  CI.  1.) 

And  later,  after  the  accumulation  of  an  enormous  debt 
through  the  Civil  War,  an  additional  pledge  was  inserted 
in  Amendment  XIY.  that: 

The  validity  of  the  public  debt  of  the  United  States,  authorized 
bj'  law,  including  debts  incui-red  for  payment  of  pensions  and 
bounties  for  services  in  suppressing  insurrections  or  rebellion, 
sliall  not  be  questioned.  But  neither  the  United  States  nor  any 
State  shall  assume  or  pay  any  debt  or  obligation  incurred  in  aid 
of  insurrection  or  rebellion  ag'ainst  the  United  States,  or  any  claim 
for  the  loss  or  emancipation  of  any  slave;  but  all  such  debts,  obli- 
gations, and  claims  shall  be  held  illegal  and  void. 

The  Supreme  Law. — Tliis  Constitution,  and  tbe  laws  of  the 
United  States  which  shall  be  made  in  i)ui-sii,iiice  thereof;  and 
all  treaties  made,  or  wbicb  sliall  be  made,  under  the  authority 
of  the  United  States,  shall  be  the  supreme  law  of  the  land  ;  and 
the  judges  in  every  State  shall  be  bound  thereby,  anything  in 


182        THE  FEDERAL  GOVERNMENT 

the  Constitution  or  laAvs  of  any  State  to  the  contrary  notwith- 
standing.    (Art.  VI.,  CI.  2.) 

Every  governmental  act  repugnant  to  the  Constitution 
is  null  and  void.  So  also  with  the  federal  laws  and 
treaties,  of  which  the  Supreme  Court  of  the  United  States 
has  said: 

In  every  case  of  conflict,  the  Act  of  Congress  or  treaty  is  su- 
l^reme,  and  the  law  of  the  State,  though  enacted  in  the  exercise  of 
uncontroverted  jjowers,  must  yield  to  it. 

As  between  federal  laws  and  treaties,  it  is  the  rule 
that  the  one  last  made  is  the  superior. 

Oath. — The  Senators  and  Representatives  before  mentioned, 
and  the  members  of  the  several  state  legislatures,  and  all  execu- 
tive and  judicial  officers,  both  of  the  United  States  and  of  the 
several  States,  shall  be  bound  by  oath  or  affirmation,  to  support 
this  Constitution  ;  but  no  religious  test  shall  ever  be  required  as 
a  qualification  to  any  office  or  public  trust  under  the  United 
States.     (Art.  VI.,  CI.  3.) 

AmendmentSo — The  Congress,  whenever  two  thirds  of  both 
houses  sludl  deem  it  necessary',  shall  propose  amendments  to  this 
Constitution,  or,  on  the  application  of  the  legislatures  of  two 
thirds  of  the  several  States,  shall  call  a  convention  for  proj)osing 
amendments,  which,  in  either  case,  shall  be  valid  to  all  intents  and 
purposes  as  part  of  this  Constitution,  when  ratified  by  the  legisla- 
tures of  three  fourths  of  the  several  States,  or  by  conventions  in 
three  fourths  thereof,  as  the  one  or  the  other  mode  of  ratification 
may  be  proposed  by  the  Congress ;  provided  that  no  amendment 
which  may  be  made  prior  to  the  year  one  thousand  eight  hundred 
and  eight  shall  in  any  manner  affect  the  first  and  fourth  clauses 
in  the  ninth  section  of  the  first  article;  and  that  no  State,  without 
its  consent,  shall  be  deprived  of  its  equal  suff7'age  in  the  Senate. 
(Art.  V.) 

Ratification.— The  ratification  of  the  conventions  of  nine 
States,  shall  be  sufficient  for  the  establishment  of  this  Constitu' 
tion  between  the  States  so  ratifying  the  same.     (Art.  VII.) 


CHAPTER  Vn. 

AMENDMENTS. 

Bill  of  Rights. — The  most  frequent  objection  to  the 
Constitution,  before  it  was  adopted  by  the  States,  was 
the  absence  of  any  provision  asserting  and  guaranteeing 
the  inherent  rights  of  the  people.  The  possibility  that  a 
strong  central  government  might  become  as  tyrannical  as 
that  of  George  III.  aroused  grave  apprehension,  and  to 
quiet  this  fear  Congress,  at  its  first  session,  proposed 
twelve  amendments  and  submitted  them  to  the  States  for 
ratification.  Of  these,  ten  were  adopted  in  1791.  Tlie 
first  eight  constitute  what  is  called  the  "  Bill  of  Eights," 
a  name  adopted  from  the  English  Bill  of  Rights. 

Freedom  of  Religion  and  Press — Congress  shall  make  no  law 
respecting  an  establislunent  of  religion,  or  prohibiting  the  free 
exercise  thereof;  or  abridging  the  freedom  of  speech,  or  of  the 
press  ;  or  the  right  of  tlie  people  peaceably  to  assemble,  and  to 
petition  the  Government  for  a  redress  of  grievances.  (Amend- 
ment I.) 

The  colonization  of  this  country  had  been  largely  due 
to  the  attempts  of  the  people  to  find  freedom  of  worship, 
and  this  amendment  was  intended  to  guarantee  .its  con- 
tinuance. It  does  not,  however,  deprive  the  Government 
of  its  right  and  duty  to  recognize  the  teachings  of  re- 
ligion ;  nor  does  it  deter  the  Government  from  abolishing 


184  THE  FEDERAL  GOVERNMENT 

polygamy  and  other  immoralities  when  practiced  under 
the  guise  of  religion.  This  amendment  also  guarantees 
the  right  to  freely  and  publicly  discuss  all  questions  re- 
lating to  the  conduct  and  policy  of  the  Government,  and 
asserts  the  right  of  the  people  to  assemble  and  petition, 
the  denial  of  which  was  enumerated  among  the  grievances 
set  forth  in  the  Declaration  of  Independence.  It  does 
not,  however,  allow  men  to  injure  the  reputation  of  their 
iellows  bv  slander  or  libel. 

Arms. — A  Avell-regulated  militia,  being  necessary  to  the  security 
of  a  free  state,  the  right  of  the  people  to  keep  and  bear  arms,  shall 
not  be  infringed.     (Amendment  II.) 

Quartering  of  Troops.— No  soldier  shall,  in  time  of  peace  be 
quartered  in  any  house,  without  the  consent  of  the  owner,  nor  in 
time  of  war,  but  in  a  manner  to  be  prescribed  by  law.  (Amend- 
ment III.) 

Both  of  these  provisions  were  taken  from  the  English 
Bill  of  Rights,  and  cover  grievances  enumerated  in  the 
Declaration  of  Independence. 

Searches — The  right  of  the  people  to  be  secure  in  their  persons, 
houses,  x>apers,  and  effects,  against  unreasonable  searches  and 
seizures,  shall  not  be  violated,  and  no  Avarrants  shall  issue,  but 
upon  probable  cause,  supported  b}^  oath  or  affirmation,  and  par- 
ticularly describing  the  place  to  be  searched,  and  the  persons  or 
things  to  be  seized.     (Amendment  IV.) 

This  provision  is  for  the  protection  of  the  people  against 
such  abuses  as  occurred  under  the  Writs  of  Assistance. 
It  does  not  prevent  searches  and  seizures  which  are  nec- 
essary for  the  recovery  of  stolen  property  ;  but  it  places 
the  practice  under  such  regulations  as  to  protect  all  par- 
ties in  their  rights. 


AMENDMENTS  185 

Rights  of  Accused — No  person  shall  be  held  to  answer  for  a 
capital,  or  otherwise  infamous  crime,  unless  on  a  presentment  or 
indictment  of  a  grand  jmy,  except  in  cases  arising  in  the  land  or 
naval  forces,  or  in  tlie  militia,  when  in  actual  service  in  time  of 
war  or  public  danger;  nor  shall  any  person  be  subject  for  the 
same  offense  to  be  twice  put  in  jeopardy  of  life  or  limb ;  nor  shall 
he  be  compelled  in  any  criminal  case  to  be  a  witness  against  him- 
self, nor  be  deprived  of  life,  liberty,  or  property,  without  due  pro- 
cess of  law ;  nor  shall  private  property  be  taken  for  public  use, 
without  just  comijensation.     (Amendment  V.) 

In  all  criminal  prosecutions,  the  accused  shall  enjoy  the  right 
to  a  speedy  and  public  trial,  by  an  impartial  jury  of  the  State  and 
district  wherein  the  crime  shall  have  been  committed,  which 
district  shall  have  been  previously  ascertained  by  law,  and  to  be 
informed  of  the  nature  and  cause  of  the  accusation ;  to  be  con- 
fronted with  the  witnesses  against  him ;  to  have  compulsory  process 
for  obtaining  witnesses  in  his  favor,  and  to  have  the  assistance  of 
counsel  for  his  defense.     (Amendment  VI.) 

Excessive  bail  shall  not  be  required,  nor  excessive  fines  imposed, 
nor  cruel  and  unusual  punishments  inflicted.    (Amendment  VIII.) 

These  three  amendments  are  intended  as  a  protection 
to  persons  accused  of  crime.  A  capital  crime  is  one  of 
such  magnitude  as, to  be  punishable  by  death.  An  in- 
famous crime  is  one  denoting  a  depraved  mind  and.  pun- 
ishable by  long  imprisonment. 

Indictment. — A  grand  jury  is  a  body  of  men  selected 
by  lot  at  stated  periods  from  among  the  citizens  of  a 
defined  district  to  inquire  concerning  crimes  committed 
Avithin  their  districts.  In  most  States  it  cannot  consist 
of  more  than  twenty-three  nor  less  than  sixteen  persons. 
The  OTand  jury  usually  considers  only  those  cases  sub- 
mittcd  to  it  by  an  officer  of  the  court,  and  in  secret  ses- 
sion takes  the  testimony  of  witnesses  as  to  the  commis- 
sion of  a  crime,   and   decides  whether  the  evidence  is 


186        THE  FEDERAL  GOVERNMENT 

sufficient  to  warrant  an  accusation.  This  decision  re- 
quires the  concurrence  of  twelve  men.  If  it  is  deemed 
proper,  an  indictment — that  is,  a  written  accusation  charg- 
ing a  person  Avith  the  commission  of  the  crime — is  pre- 
sented to  the  court,  and  the  person  therein  accused  of  the 
offense  is  held  for  trial.  A  presentment  is  an  informal 
accusation  of  a  crime  made  by  a  grand  jury  upon  its 
own  knowledge  in  cases  not  submitted  to  it  by  an  officer 
of  the  court.  As  a  preliminary  to  a  criminal  prosecution 
the  latter  has  fallen  into  general  disuse  in  this  country. 

Bail. — Bail  is  the  deposit  by  an  accused  person  of  a  cer- 
tain sum  of  money  with  the  officers  of  the  court,  or  a 
bond  given  by  responsible  jiersons  to  pay  a  certain  sum 
of  money  to  the  Government,  if  the  accused  does  not 
obey  the  orders  of  the  court,  such  as  to  appear  for  trial. 

Trial. — The  accused  is  entitled  to  a  speedy  and  public 
trial,  and  can  demand  that  it  be  by  2ijury,  which  is  a 
body  of  men  selected  bv  lot  from  the  district  within 
which  the  crime  was  committed,  and  who  are  sworn  to 
impartially  decide  the  guilt  or  innocence  of  the  accused. 
Such  a  jury  is  called  a  petit  jury.  The  accused  is  also 
entitled  to  know  the  charges  against  him,  to  hear  and 
examine  the  witnesses  sworn,  and  the  Government  must 
provide  him  with  counsel,  if  he  is  unable  to  do  so  himself. 
He  cannot  be  comjielled  to  testify,  nor  can  his  refusal  to 
do  so  be  considered  an  indication  of  his  guilt.  Moreover, 
he  can  only  be  tried  once  for  the  same  offense,  unless  the 
jury  fails  to  agree  or  unless  he  secures  a  new  trial. 

Protection  to  Property.— Amendment  Y.,  besides  guar- 
anteeing life  and  liberty  to  the  individual,  granted  him 
protection  in  his  property  rights,  but  the  Government  is 


AMENDMENTS  187 

not  deprived  thereby  of  its  right  to  take  private  property 
for  public  purposes  whenever  necessity  demands.  This 
right  of  the  Government  is  called  the  Itlgld  of  Eminent 
Domain,  and  unless  it  existed  individuals  might  obstruct 
and  even  prevent  necessary  public  acts.  Thus  the  Gov- 
ernment may  appropriate  property  for  roads,  docks  and 
other  improvements,  but  it  must  pay  a  fair  market  value 
for  it,  which,  unless  the  owner  and  the  officials  can  agree, 
is  determined  by  a  jury  of  impartial  men. 

Jury  Trial  in  Civil  Suits — In  suits  at  common  law,  where  the 
value  in  controversy  shall  exceed  twenty  dollars,  the  right  of  trial 
by  jury  shall  be  preserved,  and  no  fact  tried  by  a  jury,  shall  be 
otherwise  reexamined  in  any  court  of  the  United  States,  than  ac- 
cording to  the  rules  of  the  common  law.     (Amendment  VII.) 

Powers  Reserved — The  enumeration  in  the  Constitution  of 
certain  rights,  shall  not  be  construed  to  deny  or  disparage  others 
retained  by  the  people.     (Amendment  IX.) 

The  powers  not  delegated  to  the  United  States  by  the  Constitu- 
tion, nor  prohibited  by  it  to  the  States,  are  reserved  to  the  States 
respectively,  or  to  tlie  people.     (Amendment  X.) 

Eleventh  and  Twelfth  Amendments. — No  further  amend- 
ments were  made  to  the  Constitution  until  1708,  when 
the  Eleventh  was  adopted.  (See  page  163.)  In  ISOi 
Amendment  XII.  was  added.     (See  page  123.) 

Slavery. — It  was  not  until  1865  that  any  further  amend- 
ments were  made,  when  the  slavery  question  was  settled 
by  the  adoption  of  Amendment  XIII. 

Neither  slavery  nor  involuntary  servitude,  except  as  a  punish- 
ment for  crime  whereof  the  party  sliall  have  been  duly  convicted, 
shall  exist  witliin  the  United  States,  or  any  place  subject  to  their 
jurisdiction.  Congress  shall  have  authority  to  enforce  this  article 
by  appropriate  legislation. 


188        THE  FEDEEAL  GOVERNMENT 

The  Freedmen. — The  freedmen  thus  created  were  made 
citizens  and  their  rights  were  defined  by  Amendment 
XIV.  (See  pages  61,  96,  99  and  181.)  This  amendment, 
in  order  to  extend  the  provisions  of  the  "  Bill  of  Rights  " 
to  the  new  citizens,  further  provided  that  no  State  shall 

deprive  any  person  of  hfe,  liberty,  or  property,  without  due 
process  of  law,  nor  deny  to  any  person  within  its  jurisdiction  the 
equal  protection  of  the  laws. 

Amendment  XV.,  made  in  1870,  was  the  final  step  in 
granting  full  rights  of  citizenship  to  the  freedmen.  By 
the  Thirteenth  Amendment  their  freedom  liad  been  recog- 
nized. By  the  Fourteenth  they  have  been  declared  citi- 
zens and  their  civil  rights  have  been  enumerated.  The 
Fifteenth  extended  to  them  political  rights  under  the 
limitations  imposed  by  the  laws  of  the  several  States  by 
providing  that : 

The  right  of  citizens  of  the  United  States  to  vote  shall  not  be  denied  or 
abridged  by  tlie  United  States  or  by  any  State  on  account  of  race,  color, 
or  previous  condition  of  servitude.  The  Congress  shall  have  power  to 
enforce  this  article  by  appropriate  legislation. 

Object  of  Amendments The  province  of  the  amend- 
ments is  briefly  stated  by  Judge  Cooley,  as  follows : 

The  first  amendments  were  for  the  purpose  of  keeping  the  central 
power  within  due  limits  at  a  time  when  the  tendency  to  centralization 
was  alarming  to  many  persons;  the  last  were  adopted  to  impose  new 
restraints  on  State  sovereignty  at  a  time  when  State  powers  had  nearly 
succeeded  in  destroying  the  national  sovereignty. 


RIGHTS  OP   CITIZENS 


189 


CONSTITUTIONAL   RIGHTS    OF   PRIVATE   CITIZENS. 

Private  Rights,  "  Bill  of  Rights." 

S  Religion. 
Speech. 
Press. 
Right  to  bear  arms. 

'  Quartering  troops. 


Prohibiting 


Not  to  be 


Right,  if  accused 
of  a  crime 


Search  warrants  (general), 

(  Houses. 
Confiscation  of  \  Papers. 
(  Effects. 
'  To  be  indicted  by  Gi'and  Jury. 

Twice  tried  for  same  offense. 
Comj)elled  to  testify. 

Tohaveai?,i^^fy«"^U  Trial. 
(  Public  ) 

To  be  confronted  by  )   .^^., 

To  compel  attendance  of    j 

Required  excessive  bail. 

^  ,  .     ,  ,      (  cruel  or  )  Punish- 
Subject  to 


Not  to  be 


unusual  i     ments. 


Right  to  Jury       j  Criminal 
Trial  in  ]  Civil 

Life 
Riffht  to  ■{  Liberty 

Property 


Actions. 


and  can  only  be  deprived  by 
due  process  of  law. 


Public  Rights. 


Prohibiting 

Not  to  deny 
riirht  to  vote 


Slavery.  [ment  for  crime. 

Involuntar}'  servitude,   except  for  punish- 

Race. 
Color. 


(^       on  account  of  (  Previous  condition  of  servitude. 


PART  FOURTH. 

PRINCIPLES    OF    LAW. 
CHAPTER   I. 

INTERNATIONAL    LAW. 

Definition. — International  Law,  or  the  Law  of  Nations, 
in  its  commonly  accepted  meaning,  is  the  code  of  rules 
which  civilized  nations  recognize  by  consent  and  usage  as 
that  which  should  govern  their  mutual  intercourse.  In 
a  more  general  sense  it  comprises  those  principles  of  nat- 
ural right  and  justice  which  should  regulate  international 
conduct. 

/.  RULES  IN   TIME  OF  PEACE. 

Divisions. — Rules  in  time  of  peace  may  be  divided  into 
four  classes — those  relating  to  (1)  Sovereignty,  (2)  Terri- 
tory, (3)  Aliens  and  (4)  Intercourse. 

1.  Sovereignty. 

Recognition  of  Sovereignty. — Every  state  or  nation  is 
independent  and  sovereign,  and  the  equal  in  that  respect 
of  every  other  state  in  the  world,  without  regard  to  the 
extent,  power  or  character  of  its  government.  In  a 
nation  with  a  federal  form  of  government,  this  rule  ap- 
plies to  the  central  government  alone. 


RULES  IN  TIME  OF  PEACE  191 

Intervention. — It  is  a  violation  of  a  nation's  sovereignty 
to  interfere  with  its  domestic  affairs  or  to  intervene  in  case 
of  civil  war.  However,  in  extreme  cases,  intervention  is 
considered  justifiable  upon  the  ground  of  humanity,  as 
^vhen  a  government  is  conducting  a  war  with  great 
cruelt}^,  or  to  "maintain  the  balance  of  power,"  as 
where  a  nation  whose  increase  of  power  may  become  a 
menace  to  its  nei»:hbors  is  restrained  in  its  aggression 
upon  a  w^eaker  state.  This  has  often  happened  in  Europe. 
Of  somewhat  the  same  character  was  the  Monroe  Doc- 
trine, promulgated  in  1823,  wdiich  declared  that  the 
United  States  w^ould  "  consider  any  attempt  on  the  part 
of  the  allied  European  powers  to  extend  their  system  to 
any  portion  of  our  hemisphere  as  dangerous  to  our  peace 
and  safety." 

2.  Territory. 

Definition. — The  land  over  which  a  state  has  exclusive 
political  control  is  its  territory,  and  its  rights  of  govern- 
ment are  called  territorial  rights.  Such  territory  may 
be  acquired  either  by  discovery  and  occupation,  by  pos- 
session for  a  long  time,  by  conquest  or  by  gift  or  pur- 
chase. The  transfer  of  territory  from  one  nation  to 
another  is  termed  cession.  A  state  bounded  bv  the 
ocean,  or  high  seas,  possesses  territorial  rights  over  a 
strip  of  w^ater  three  marine  miles  wide  extending  along 
its  coasts  and  over  the  sea  between  adjacent  head- 
lands. Such  a  strip  of  sea  is  termed  territorial  waters. 
Rivers  flowing  between  t\vo  states  belong  to  both,  but 
rivers  passing  from  one  state  into  anotlier  are  part  of 
the  territory  of  each  state  while  within  its  boundaries. 


192  PRINCIPLES  OF  LAW 

The  ships  of  a  nation  in  the  territorial  waters  of  another 
nation  must  obey  its  laws,  but  on  the  high  seas  they  are 
subject  only  to  the  laws  of  their  own  country. 

3.  Aliens. 

Definition. — Aliens  are  persons  within  a  country  other 
than  that  to  which  they  owe  allegiance.  They  are  gen- 
erally subject  to  the  laws  of  the  state  where  they  are,  but 
this  rule  does  not  apply  to  sovereigns,  their  diplomatic 
representatives,  or  to  the  ships  of  war  and  military  forces 
of  other  states. 

Rights. — A  domiciled  alien — that  is,  one  having  a  resi- 
dence or  a  domicile — cannot  usually  own  land  or  take 
part  in  the  government,  but  he  may  hold  other  property, 
make  contracts  and  claim  protection  of  the  courts,  and  is 
subject  to  taxation  and  to  the  requirements  usually  im- 
posed upon  citizens.  Aliens,  however,  who  are  travelers 
only,  are  exempt  from  many  of  these  duties  and  are 
entitled  to  special  privileges. 

NaturaHzation. — An  alien  may  become  a  citizen  of  the 
country  of  his  domicile  by  taking  an  oath  of  allegiance 
to  the  government.  This  is  called  naturalization,  and 
nearly  all  nations  now  recognize  that  this  act  severs  the 
,  relationship  of  the  person  with  the  country  to  which  he 
formerly  owed  allegiance.  This  severance  of  relationship 
is  called  expatriation. 

Criminals  and  Extradition. — Aliens  who  are  fugitives 
from  justice  are  subject  to  special  rules.  If  their  crimes 
are  of  a  political  nature  they  will  not  generally  be  given 
up  on  the  demand  of  another  government,  but  if  they 


RULES  IN  TIME  OF  PEACE  193 

have  committed  felonies,  tliey  are  usually  surrendered  to 
the  state  in  Avhich  the  crime  was  committed.  This  is 
called  extradition. 

4.  Intercotjkse. 

Treaties. — The  most  important  duty  devolving  upon 
diplomatic  representatives  (see  page  132)  is  the  negotiation 
of  treaties.  The  usual  subjects  of  treaties  are  peace  and 
friendship,  commercial  privileges,  postal  service,  extra- 
dition, fisheries,  boundaries,  annexation  and  the  settle- 
ment of  claims.  There  are  also  treaties  which  establish 
Joint  High  Commissions,  Mixed  Commissions  and  Tribu- 
nals of  Arbitration  for  the  settlement  of  controversies. 

International  Commissions  and  Arbitration. — A  joint 
high  commission  is  constituted  of  an  equal  number  of 
commissioners  from  each  country,  and  matters  upon  which 
they  may  disagree  are  usually  submitted  to  an  uinpire^ 
named  by  the  two  interested  governments  or  by  the  chief 
magistrate  of  another  nation,  and  the  decision  of  the 
umpire  is  final.  In  some  instances  the  umpire  sits  Avith 
the  commissioners  during  their  sessions,  in  wliich  case 
the  body  is  termed  a  mixed  commission.  A  trihunal 
of  arbitration  is  generally  distinguished  from  a  mixed 
commission  by  the  importance  of  the  subject  submitted 
to  it,  and  because  more  than  one  nation  besides  the  par- 
ties to  the  controversy  appoint  arbitrators.  International 
arbitration  is  becoming  more  and  more  employed  by  gov- 
ernments, and  all  questions  in  dispute  are  considered 
proper  for  arbitration  except  those  that  involve  a  nation's 
honor  or  dignity,  such  as  an  insult  to  its  flag  or  official 

representatives. 
13 


194  PRINCIPLES  OF  LAV/ 

2.  RULES  IN  TIME  OF   WAR. 

War. —  War  is  a  public  contention  between  two  gov- 
ernments through  the  agency  of  their  armies  and  navies. 
An  insurrection  which  is  not  sufficient,  to  support  a  form 
of  government  is  not  a  war,  but  when  the  insurgents  are 
strong  enough  to  maintain  a  government,  an  uprising  of 
this  character  becomes  a  civil  war. 

Condition  of  States  between  Peace  and  War. — When  a 
nation  has  suffered  a  wrong  for  which  satisfaction  is 
refused,  it  may,  before  an  actual  appeal  to  arms,  employ 
reprisal  or  embargo  to  obtain  redress.  A  reprisal  is  the 
seizure  and  retention  of  the  ships  and  property  of  the 
citizens  of  an  offending  state  until  satisfaction  is  accorded. 
An  embargo  is  the  detention  by  a  nation  of  the  ships  and 
cargoes  within  its  ports.  It  is  the  duty  of  a  government, 
before  commencing  war,  to  exhaust  every  means  to  obtain 
a  peaceful  settlement  of  the  difficulty.  The  last  demand 
for  satisfaction  which  is  made  upon  an  offending  state  is 
termed  an  ultimatum.  It  is  usually  peremptor}^  in  style, 
and  limits  the  time  for  compliance,  and  if  the  other  nation 
refuses  to  agree  to  its  terms,  war  follows.  The  com- 
mencement of  a  war  divides  nations  into  two  classes, 
those  who  are  actually  engaged  in  the  war,  called  hel- 
ligerents  (war-wagers),  and  those  who  are  not,  called 
neutrals  (neither- sided). 

3.   OBLIGATIONS   OF  BELLIGERENTS   TO  EACH  OTHER. 

Treaties. — As  a  rule,  all  treaties  between  two  contend- 
ing nations  are  abrogated  or  abolished  by  the  commence- 
ment of  war,  but  a  treatv  relating  to  the  method  of 


OBLIGATIONS  OF  BELLIGERENTS  195 

conducting  hostilities  and  those  which  recognize  a  state's 
independence  or  fix  its  boundaries  are  not  affected. 

Citizens. — ^Theoretically,  all  the  citizens  and  residents 
of  belligerent  states,  as  well  as  the  governments,  are 
hostile  to  each  other,  and  they  are  liable  to  detention 
and  their  goods  to  seizure  ',  l)ut  this  rule  has  been  much 
modified  bs'  the  growing  sentiment  against  causing  non- 
combatants  to  suffer  for  the  public  wrongs  done  by  their 
government. 

Conduct  of  Hostilities. — The  rules  of  civilized  w^arfare 
are  intended  to  lessen  as  much  as  possible  the  horrors  and 
sufferings  which  it  inflicts  upon  the  individual.  The 
most  important  rules  prohibit  a  belligerent  from : 

1.  The  em[)loyment  of  savages  against  an  enemy  ; 

2.  The  unnecessary  infliction  of  suffering  to  the  people 
and  injury  to  the  private  property  of  an  enemy,  as  in  the 
case  of  massacre  and  pillage  ; 

3.  The  inhuman  treatment  of  prisoners  ; 

4.  The  confiscation  of  private  property,  except  when 
justified  by  necessity  ; 

5.  The  use  of  poison  and  poisoned  weapons. 
Communications. — The  communications  between  hostile 

armies  are  carried  on  by  means  of  jlags  of  truce  and 
cartels.  The  first  are  employed  for  any  communication 
between  belligerents,  while  the  latter  are  agreements  for 
the  exchange  of  prisoners. 

Rules  on  Sea. — The  restrictions  imposed  upon  a  bellig- 
erent apply  chiefly  to  hostilities  upon  land,  and  have  not 
been  so  generally  applied  to  naval  operations.  The  ves- 
sels and  cargoes  owned  bv  the  citizens  of  an  enemy  may, 
therefore,  be  seized  by  a  hostile  government.     Letters  of 


196  PRINCIPLES  OF  LAW 

marque  and  reprisal  are  commissions  issued  to  vessels 
termed  privateers  fitted  out  by  private  citizens,  which 
entitle  them  to  capture  the  vessels  belonging  to  the  citi- 
zens of  an  enemy.  Privateering  has,  however,  fallen 
into  general  disuse  since  1856,  when  it  was  discontinued 
by  the  European  nations  under  the  "  Agreement  of 
Paris." 

Capture  and  Prize. — The  seizure  of  an  enemy's  ship  or 
cargo  is  termed  capture^  and  the  property  is  called p>rize. 
The  title  to  a  prize  does  not  pass  to  the  captor  until  it  has 
been  decreed  by  a  court,  known  as  a  prize  court,  which 
is  given  jurisdiction  in  such  cases  by  the  belligerent  gov. 
ernment. 

Truce,  and  Termination  of  War. — Hostilities  may  be 
temjjorarily  suspended  for  a  definite  time  by  an  agreement 
termed  a  truce  or  armistice.  A  war  is  terminated  and 
peace  restored  by  a  proclamation  of  sovereignty  by  the 
conquering  nation  or  by  a  treaty  between  the  belliger- 
ents. A  treat])  of  peace  usually  contains  agreements  as 
to  the  disposal  of  prisoners,  the  withdrawal  of  military 
forces,  the  cession  of  territory,  the  payment  of  indemnity 
and  other  subjects  of  a  like  nature. 

4.  OBUGATIONS  OF  NEUTRALS  AND  BELLIGERENTS 

TG  EACH  OTHER. 

Recognition  of  Belligerency. — A  state  of  neutrality  ex- 
ists only  when  there  is  a  war.  It  is  important,  therefore, 
for  a  nation  to  determine  whether  an  armed  contention 
is  a  civil  war  or  an  insurrection.  This  may  be  shown  by 
the  acts  of  a  government  in  relation  to  its  rebellious  citi- 


OBLIGATIONS  OF  NEUTRALS  AND  BELLIGERENTS  197 

zens,  such  as  the  proclamation  of  a  blockade  of  insurgent 
ports  or  official  negotiations  with  the  insurgent  govern- 
ment. Under  these  circumstances  other  governments 
Avill  recognize  the  belligerency  of  the  rebels.  So,  also, 
a  nation  will  recognize  the  bellio-erencv  of  insurgents 
when  it  is  convinced  that  thev  have  established  a  stable 
and  responsible  government.  It  is  the  duty  of  neutrals 
to  act  with  impartiality  towards  both  belligerents.  They 
must  not  permit  the  enlistment  of  men  for  the  armies  or 
navies  of  either  belligerent.  They  must  not  allow  the 
ships  of  either  to  be  built  or  fitted  out  in  their  ports,  nor 
must  they  loan  money  to  either.  The  citizens  of  a  neutral 
nation  are  also  prohibited  from  carrjdng  contraband  of 
war  and  from  attempting  to  break  a  blockade. 

Contraband  of  War. — Contrahand  ^io«r  comprises  arti- 
cles which  may  be  employed  in  carrying  on  war,  such  as 
arms,  munitions,  ships,  beasts  of  burden,  and  in  some 
cases  even  money  and  provisions  ;  and  belligerents  pos- 
sess the  right  to  seize  such  articles  when  found  in  a  neutral 
ship,  unless  in  the  waters  of  a  neutral  nation.  The  ves- 
sel and  the  remainder  of  tlic  cargo,  however,  are  ex- 
empted from  seizure  unless  they  belong  to  the  owner  of 
the  contraband  goods. 

Blockade. — A  hlocTcade  is  the  right  to  prevent  and 
make  unlawful  all  trade  and  intercourse  Avith  certain 
specified  ports  or  portions  of  the  enemy's  coast.  It  is 
enforced  by  means  of  a  fleet  Avhicli  intercepts  vessels 
which  attempt  to  enter  or  leave  the  blockaded  territory. 
As  blockade  is  purely  a  war  right,  a  nation  cannot  block- 
ado  its  own  ports  ;  and  therefore,  in  the  case  of  an  Insur- 
rection, the  proclamation  of  a  blockade  of  coasts  held  by 


198 


PRINCIPLES  OF  LAW 


insurgents  is  a  recognition  of  tlieir  belligerency.  Any 
attempt  to  violate  a  blockade  subjects  a  ship  to  capture, 
provided  that  the  blockade  is  actual — that  is,  that  there 
is  sufficient  naval  force  present  to  maintain  it ;  that  the 
offending  neutral  had  knowledge  that  a  blockade,  existed  ; 
and  that  there  was  an  attempt  to  '^  run  the  blockade." 

Visit  and  Search. — In  order  to  make  the  rules  as  to  con- 
traband of  war  and  blockade  effective,  a  belligerent  pos- 
sesses the  right  of  visit  and  search^  by  which  its  cruisei-s 
are  authorized  to  stop  and  examine  ships  on  the  high  seas 
for  the  purpose  of  ascertaining  their  nationality,  destina- 
tion and  the  character  of  their  cargoes.  And  to  this 
right  neutrals  must  submit. 


INTERNATIONAL  LAW. 

RULES  IN  TIME  OF  PEACE. 

Sovereignty: 

'  Recognition  of  j  Equality. 
Sovereignty      {  Independence. 

Balance  of  power. 
Monroe  Doctrine. 
Humanity. 


Intervention 
because  of 


Territory : 

f  Discovery  and  occupation. 

....      ,         Prescription. 
Acqinsittonby  ]  „ , 


Rights  over 


Conquest. 
[  Gift  or  purchase. 

Territory. 

Territorial  waters. 

Rivers. 
^  Ships. 


_j 


INTERNATIONAL  LAW 


199 


Aliens: 


Exempt  from 
Rules 


'Sovereigns. 


Diplomatic  representatives. 
Public  ships. 
Military  forces. 


Domiciled 

Temporarily 

Resident 
Naturalization. 
Extradition. 


Rights  to 


Hold  personal  property. 

Make  contracts. 

Appeal  to  courts. 
Duties — those  of  a  citizen. 
Rights — special  privileges. 
Duties — obedience  to  laws. 


Intercourse 


Diplomatic 

Channels 


Treaties 


Arbitration 


'  Ambassadors. 
Ministers. 

Diplomatic  Agents, 
Charges  d' Affaires. 
Peace  and  friendship. 
Commercial  privileges. 
Postal  service. 
Extradition. 
Annexation. 
Fishery  rights. 
Boundaries. 
Claims. 

Joint  High  Commissions. 
Mixed  commissions. 
Tribunals  of  arbitration. 


200 


PRINCIPLES  OF  LAW 


Acts  prior  to 
Actual  War 


RULES  IN  TIME  OF  WAR. 

Reprisals. 

Embargoes. 

Ultimatum. 


I.  Obligations  of  BELLIGERENTS  to  Each  Other 
Effects  on  Relations: 
Public  ■{  Treaties 

Private 


j  Not  abrogated,  when  final 

(  Abrogated,  when  not  final 

(  ^  .  ,  .,.,  (  Detention  of  person. 

■{  Liability  To-  c  x 

(  •'  (  Seizure  of  property. 


Conduct  of  Hostilities  on  Land: 


Hostile  Acts 
Prohibited 


Employment  of  savages. 
Massacre  and  pillage. 
Inhumanity  to  prisoners. 
Confiscation  of  private  property. 
Use  of  poison. 


Communica-      j  Flags  of  truce, 
tion  by  \  Cartels. 


Conduct  of  Hostilities  at  Seal 


Capture  and 
Pri 


ize  ( 


by  public  ships, 
by  privateers. 


Cessation  of  Hostilities; 
Truces. 


Termination  of  War— by  Treaty: 

Disposal  of  prisoners. 
Withdrawal  of  troops. 
Cession  of  territory. 
Payment  of  indemnity. 
_  Etc.,  etc. 


Subjects 
of  Peace 
Treaties 


INTERNATIONAL  LAW 


201 


II.     Obligations  of   NEUTRALS   axd  BELLIGERENTS  to 

Each  Other. 


Belligerency : 

Recognition  of 

Neutrality : 
Violation  of 


By  act  of  otlier 
belligerent 

By  neutral. 


J  Bv  neutral 


nation 


Neutral  Trade : 


Prohibitions 


To  carry 
contraband 
of  war 


To  break  a 
blockade  when 


Proclamation  of  blockade. 
Negotiations     with     other 
party. 


Enlistment  of  men. 
Fitting  out  ships. 
Loaning  money. 


Arms. 

Munitions. 

Ships. 

Boasts  of  burden. 

Money  and  provisions  (in 

some  cases). 
Blockade  is  actual. 
Neutral  had  knowledge. 
Attempt  to  break  it. 


Visit  and  Search. 


CHAPTER  II. 

MUNICIPAL    LAW. 

Definitions. — Municipal  Law  consists  of  those  rules  of 
conduct  prescribed  by  the  supreme  power  of  a  state  to 
regulate  the  relations  between  the  state  and  its  citizens, 
or  between  the  citizens  themselves.  It  is  either  written  or 
unwritten.  The  unwritten  law  of  this  country  comprises 
Common  Law  and  Equity  (see  page  162).  The  written 
law  of  the  United  States  consists  of  the  Federal  Consti- 
tution, the  Acts  of  Congress  and  Treaties.  The  written 
law  of  a  State  consists  of  its  constitution  and  statutes.  A 
statute  is  a  law  established  by  the  legislature  of  a  State. 

Object. — -The  object  of  Municipal  Law  is  to  protect 
rights  and  punish  wrongs.  Rights  are  of  two  kinds — 
political  and  civil  (see  page  4).  So,  also,  wrongs  arc  of 
two  kinds — public,  or  crimes y  and  private,  or  torts. 

1.    CIVIL  RIGHTS. 

1.  Absolute  Rights. 

Personal  Security. — This  includes  the  right  of  life,  the 
violation  of  which  is  one  of  the  gravest  of  crimes  ;  and 
the  right  of  reputation — that  is,  the  favorable  opinion  of 
others — defamation  of  which,  if  oral,  is  slander,  and  if 
by  writing  or  printing,  lihel. 


CIVIL  RIGHTS  203 

Personal  Liberty. — This  is  the  natural  right  of  every 
person  to  move  about  or  remain  at  rest,  except  as  he  is 
restrained  by  law. 

Personal  Property. — This  is  the  natural  right  of  every 
person  to  acquire,  use  and  dispose  of  property  in  any 
manner  save  as  he  is  restrained  by  law.  Projperty  is  that 
which  can  be  exclusively  owned  or  enjo3"ed,  as  a  horse, 
a  house,  or  land.  But  air,  light  and  the  unconfined 
forces  of  nature,  although  capable  of  enjoyment,  are  not 
property. 

Divisions  of  Property. — Property  is  divided  into  real 
and  personal.  Bcal  property  is  that  "which  is  considered 
immovable,  as  land.  Per  social  property^  also  called  chat- 
tels^ is  that  which  is  considered  movable,  as  horses  and 
machinery.  Real  property  includes  lands  and  certain 
rights  connected  with  the  use  of  land,  such  as  a  right 
of  way ^  or  passage  over  the  lands  of  another;  ^  franchise^ 
or  the  right  to  exercise  certain  privileges,  such  as  to  build 
and  manage  railroads;  and  reiU.,  or  the  right  to  receive 
a  regular  profit  from  lands.  Personal  property  consists 
of  tangible  movable  objects,  of  certain  minor  rights  con- 
nected with  real  property,  and  of  such  property  as  stocks, 
promissory  notes,  copyrights  and  debts. 

Estates  in  Real  Property. — The  interest  of  a  person  in 
property  is  called  an  estate.  Estates  in  real  property  are 
real  estate^  which  is  a  permanent  and  unending  interest, 
and  personal  estate^  which  is  one  with  some  termination. 
Real  estates  in  real  property  are  of  two  kinds — an  estate 
in  fee,  which  gives  the  owner  power  to  absolutely  dispose 
of  the  property,  and  which,  if  not  disposed  of,  descends  to 
his  heirs  ;  and  an  estate  for  life,  which  gives  the  owner 


204  PRINCIPLES  OF  LAW 

power  only  to  use  the  property  during  liis  life  or  during 
the  life  of  another.  Among  the  most  important  life 
estates  is  an  estate  in  dower,  Avhich  is  one  that  a  surviv- 
ing wife  has  in  one  third  of  the  real  property  oAvned  by 
her  husband  at  any  time  during  their  married  life,  and 
which  was  not  disposed  of  with  her  consent. 

Leases. — The  most  important  personal  estate  in  real 
property  is  an  estate  for  years,  which  begins  and  ends  at 
specified  dates  and  is  created  by  an  instrument  called  a 
lease.  The  lessee  or  tenant  does  not  o^vn  the  land,  but 
has  the  right  to  its  use  during  the  term  of  the  lease.  He 
is  usually  required  to  make  ordinary  repairs  to  the  prem- 
ises, and  to  pay  to  the  lessor  or  landlord  a  fixed  amount 
for  the  use  of  the  premises,  called  rent.  If  the  tenant 
does  not  pay  his  rent  as  agreed,  the  landlord  may  cause  him 
to  be  removed  from  the  premises.    This  is  called  eviction. 

Estates  in  Personal  Property. — Estates  in  personal  prop- 
erty are  of  two  kinds — ahsolute,  one  that  cannot  be  de- 
stroyed without  the  act  of  the  owner  ;  and  qtialified,  one 
that  can  be  destroyed  or  lost  without  the  act  of  the 
owner,  such  as  that  in  wild  animals. 

Title. — Title  is  the  right  of  ownership  of  an  estate. 
Titles  to  real  property  are  of  two  kinds — by  descent,  as 
where  an  heir  inherits  the  estate  from  his  ancestor  ;  and 
hj  purchase,  which  includes  all  other  means  of  acquisi- 
tion. The  most  common  title  by  purchase  is  that  created 
by  act  of  the  parties,  which  includes  title  by  grant  and 
title  by  devise.  Title  hy  grant  is  either  picUic—ih^t  is, 
a  title  from  the  United  States  or  a  State  by  an  instru- 
ment called  a  patent ;  or  j)rivate—ih.d,i  is,  from  another 
person  by  a  written  instrument  called  a  deed.     Title  hy 


CIVIL  RIGHTS  205 

devise  is  that  obtained  by  a  written  instrument  called  a 
will. 

Title  to  personal  property  may  be  acquired  either  by 
the  sole  act  of  the  ownei\  such  as  that  in  property  which 
a  person  produces,  or  in  a  wild  animal  which  he  cap- 
tures ;  by  operation  of  laiv,  suc^  as  that  acquired  in  the 
personal  property  of  a  relative  who  died  without  leaving 
a  last  will  and  testament  ;  and  by  the  joint  act  of  the 
present  and  former  owners,  such  as  that  created  by  a  gift, 
last  will  and  testament  or  contract.  Title  hy  gift  is  that 
which  a  person  has  in  property  gratuitously  transferred 
to  him.  Title  hy  last  will  and  testament  \?,  that  by  which 
one  becomes  the  owner  of  personal  property  of  a  deceased 
person  by  the  last  will  and  testament  of  such  person. 
Title  hy  contract  is  that  by  which  a  person  becomes  the 
owner  of  personal  property  through  its  voluntary  trans- 
fer to  him  by  another  for  some  consideration. 

Contracts. — A  contract  is  an  agreement  between  two  or 
more  persons  to  do  or  not  to  do  some  thing.  Four  con- 
ditions are  necessary  to  a  complete  contract:  (a)  Parties 
able  to  contract  ;  (b)  a  sufficient  consideration  ;  (c)  a  sub- 
ject to  be  contracted  for  ;  and  (d)  an  actual  agreement, 
or,  as  it  is  called,  a  "  meeting  of  the  minds." 

Parties. — Parties  able  to  contract  must  be  of  full  age. 
Contracts  by  minors,  except  for  necessary  articles  of  sup- 
port, are  not  binding  upon  them.  They  must  be  of  full 
understanding.  Contracts  made  with  idiots  or  others  de- 
prived of  their  minds  are  of  no  effect,  as  against  them. 
Thev  must  also  be  free  to  contract.  Anv  agreement 
made  by  a  person  under  restraint  or  force  is  not  binding 
upon  him. 


9,06  PRINCIPLES  OF  LAW 

Consideration. — A  consideration  is  (a)  something  of  value 
to  the  person  receiving  it,  or  of  detriment  to  the  person 
giving  it,  (b)  love  and  affection  existing  between  a  parent 
and  child  or  husband  and  wife,  or  (c)  mutual  promises  made 
between  persons  at  the  same  time. 

Subject.— The  subject  of  a  contract  must  be  something 
real,  as  property,  service  or  labor.  It  must  also  be  law- 
ful and  moral.  Contracts  for  smuggling  or  other  unlaw- 
ful acts  are  not  binding. 

Classes  of  Contracts. — Contracts  are  either  oral — :that  is, 
by  word  of  mouth — or  written.  "Written  contracts  are 
either  under  seal — that  is,  with  a  seal  affixed  to  the  sig- 
nature— or  without  seal.  The  most  common  forms  of 
contracts  under  seal  are  deeds  and  mortgages. 

Deeds. — A  deed  is  defined  as  a  writing,  signed,  sealed 
and  delivered  between  the  parties.  It  is  the  instrument 
by  which  private  grants  of  land  are  made.  The  person 
making  the  deed  is  called  the  grantor  ',  the  person  to 
whom  it  is  made,  the  grantee.  A  deed  must  name  the 
parties,  describe  the  consideration,  the  property  and 
estate  conveyed,  and  contain  the  signature  and  seal  of 
the  grantor.  The  most  common  deeds  are  quitclaim 
deeds,  by  which  the  grantor  disposes  merely  oi  his  inter- 
est in  the  property,  and  xoarranty  deeds,  by  which  the 
grantor  guarantees  that  he  is  the  owner  of  the  property 
and  promises  to  protect  the  grantee  in  his  possession. 
The  execution  of  a  deed  is  the  actual  signing  and  affixing 
of  a  seal.  In  most  States,  before  a  deed  can  be  placed  on 
record,  the  grantor  is  required  to  acknowledge  that  he 
executed  the  deed  before  an  officer,  such  as  a  judge,  jus- 
tice of  the  peace  or  notary  public,  who  must  certify  to 


CIVIL  RIGHTS  207 

the  fact  in  writing  upon  the  instrument.  The  deed  so 
executed  and  acknowledged  is  of  no  effect  unless  it  is 
actually  delivered  to  the  grantee. 

Mortgages. — Mortgages  resemble  deeds  in  that  they  are 
transfers  of  interest  in  real  property,  and  require  the 
same  formality  in  their  execution,  acknowledgment  and 
delivery.  They  do  not,  however,  constitute  actual  trans- 
fers of  the  title,  like  deeds,  but  only  a  claim  to  the  prop- 
erty as  security  for  the  payment  of  some  indebtedness. 
A  mortgage  must  contain  a  description  of  the  parties, 
called  the  mortgagor  and  mortgagee,  the  consideration,  the 
property  mortgaged,  and,  among  other  things,  a  clause 
stating  that  the  grant  is  made  as  security  for  the  pay- 
ment of  some  indebtedness,  with  the  terms  of  payment, 
and  that  upon  such  payment  the  grant  becomes  void. 
Mortgages  usually  accompany  honds,  which  are  obliga- 
tions tc  pay  certain  moneys  at  certain  times.  They  are 
then  spoken  of  as  collateral  security,  because  they  can 
only  be  enforced  in  case  the  conditions  of  the  bond  are 
not  fulfilled.  A  mortgage  is  enforced  by  foreclosure, 
w^hich  is  a  legal  remedy  by  which  the  property  described 
in  the  mortgage  can  be  sold  and  the  proceeds  applied  to 
the  payment  of  the  debt.  It  is  usual  in  the  case  of  both 
deeds  and  mortgages  for  a  wife  to  join  in  the  execution 
wdth  her  husband.  In  this  Avay  only  is  the  property 
relieved  of  her  dower  interest  wiiicli  she  has  in  it  by 
reason  of  the  marriage. 

Protection  to  Grantees  and  Mortgagees. — For  the  pur- 
pose ot  avoiding  difhculties  it  is  customary  for  grantees 
and  mortgagees  to  require  with  the  deed  or  mortgage 
p.  search  or   ahstract  of  title,   which  is  a  synopsis   from 


208  l^RINCIPLES  OF  LAW 

the  public  records,  extending  over  a  number  of  years  and 
showing"  the  source  and  character  of  the  title  of  the 
grantor  or  mortgagor  to  the  property.  For  further  pro- 
tection deeds  and  mortgages  are  usually  7'ecorded,  that  is, 
copied  in  full  in  the  office  of  the  County  Clerk  or  Regis- 
trar of  Deeds  of  the  county  where  the  property  is  situ- 
ated. If  not  so  recorded,  the  grantee  or  mortgagee  is 
liable  to  lose  the  interest  granted  to  him,  for  it  is  a  rule 
of  law  that  if  there  be  two  or  more  deeds  or  mortgages 
upon  the  same  property,  the  one  first  recorded  takes  pref- 
erence over  all  the  others  without  regard  to  its  date. 

Chattel  Mortgages. — A  chattel  mortgage  is  a  mortgage 
upon  personal  property,  given  as  security  for  the  pay- 
ment of  an  indebtedness.  This  does  not  have  to  be 
recorded,  but  for  protection  it  is  usual  to  file^  that  is, 
deposit  a  copy  in  the  office  of  the  Clerk  of  the  Town 
where  the  property  is. 

Other  Written  Contracts.— Contracts  in  writing,  not 
required  to  be  under  seal,  are:  (a)  Contracts  to  sell  any 
interest  in  lands  ;  (b)  contracts  for  services  that  cannot 
be  performed  within  a  year  ;  (c)  contracts  for  the  pur- 
chase and  sale  of  personal  property  exceeding  in  value 
a  certain  amount,  usually  fifty  dollars  ;  (d)  contracts  to 
be  responsible  for  the  debt  of  another.  The  last  is  known 
as  guaranty^  and  the  person  making  such  guaranty  is 
called  a  guarantor. 

Sale. — A  contract  of  sale  is  one  by  which  the  ownership 
of  personal  property  is  transferred  to  another  for  a  money 
consideration.  The  person  making  the  sale  is  called  the 
vendor ;  the  purchaser,  the  vendee.  Among  the  rules 
governing  sales  are  the  following:  (a)  If  the  goods  are 


CIVIL  EIGHTS  209 

sold  by  sample,  the}''  must  he  as  good  as  the  sample  ; 
(b)  it  the  goods  are  ordered  for  a  particular  purpose, 
known  to  the  vendor,  they  must  be  suited  to  the  pur- 
pose ;  and  (c)  in  the  sale  of  foods  they  must  be  whole- 
some. 

Bailment. — A  contract  of  hailment  is  one  by  which  the, 
possession  of  personal  property  is  transferred  from  one 
person,  called  the  bailor,  to  another,  called  the  hailee,  for 
some  purpose,  to  be  returned  when  the  purpose  is  accom- 
plished. The  most  important  bailment  is  called  locatio, 
and  is  the  delivery  of  an  article  to  the  bailee  for  his  use 
upon  compensation  to  the  bailor  ;  or  for  the  performance 
of  labor  upon  an  article  bij  the  bailee  upon  compensation 
from  the  bailor.  The  hiring  of  horses,  the  repairing  of 
a  watch  by  a  watchmaker,  the  transportation  of  goods 
by  railroad  companies  and  the  care  of  property  by  inn- 
keepers are  instances  of  locatio. 

Agency^ — A  contract  of  agency  is  one  by  which  a  person 
appoints  another  to  act  for  him  in  some  business  trans- 
action. The  person  making  the  appointment  is  called 
the  princijjal ;  the  person  appointed,  the  w^t-;?!'.  Agents 
are  of  two  kinds —geiieral,  who  perform  all  the  business 
of  the  jn'incipal  at  a  particular  place  ;  and  ,^j)ecial,  who 
are  employed  for  some  particular  purpose.  Among  the 
rules  governing  agency,  the  most  important  one  is  that 
any  contract  or  act  of  the  agent  within  the  line  of  his 
employment  is  binding  upon  the  principal. 

Partnership. — A  contract  oi pai'tnershij)  is  one  by  which 

two  or  more  persons  unite  their  labor  or  property  or  both 

in  some  business  in  which  they  agree  to  share  the  losses 

and  divide  the  profits.     In  this  relation  the  partners  own 
14 


210  PEINCIPLES  OF  LAW 

in  common  all  the  property,  and  eacli  partner  is  the  agent 
of  the  partnership.  For  the  debts  of  the  partnership, 
not  only  the  common  property,  but  the  individual 
property  of  the  partners  is  liable  after  the  partnership 
property  is  exhausted. 

Corporations. — A  corporation  is  a  body  of  individuals 
created  by  law  under  a  special  name,  with  the  power  of 
acting  as  a  single  individual.  Corporations  are  either 
jpuhlic,  as  a  city  or  county,  ov private,  as  those  organized 
for  religious,  charitable,  social,  manufacturing  and  busi- 
ness purposes.  Their  usual  powers,  deriv^ed  from  gen- 
eral laws  or  a  special  act,  called  a  charter,  are  to  sue  and 
be  sued  ;  to  purchase  and  own  lands  and  chattels  ;  to 
make  by-laws  for  their  government  ;  to  remove  members 
and  elect  others  in  their  place  or  in  place  of  those  who 
may  die.  Besides  these,  exceptional  privileges,  such  as 
to  erect  telephone  poles  or  lay  pipes,  are  sometimes  given 
to  a  corporation.  This  is  called  a  franchise.  The  capi- 
tal of  a  manufacturing  or  business  corporation  is  divided 
into  shares  of  stock,  and  those  Avho  own  the  shares  are 
called  members  or  siochholders.  The  stockholders  elect 
some  of  their  number  directors  or  trustees,  to  carry  on  the 
affairs  of  the  corporation,  and  these,  as  a  horned,  choose 
its  officers.  The  liability  of  stockhclders,  directors  and 
officers  for  the  debts  of  a  corporation  are  fixed  by  statute. 

Insurance. — A  contract  of  hisurance  is  one  by  which 
a  person  or  corporation,  in  return  for  certain  compensa- 
tion, known  ^cs, premium,  undertakes  to  indemnify  another 
against  loss  or  injury.  Fire  and.  ^narine  insurance  cover 
losses  sustained  bj^  fire  or  the  mishaps  of  shipping.  Life 
insurance  is  a  contract  by  which  the  insurer  agi'ees  to 


CIVIL  RIGHTS  211 

pay  a  certain  sum  to  the  insured  after  the  expiration  of 
a  fixed  time,  or  to  his  representatives  at  his  death.  The 
contract  of  insurance  is  contained  in  an  instrument  called 
2i  policy^  which  also  contains  a  description  and  facts  rela- 
tive to  the  insured  person  or  property,  known  as  the  risk^ 
and  any  misrepresentations  on  the  part  of  the  insured  at 
the  time  of  making  the  contract  will  release  the  insurer 
from  liability. 

Indorsement. — A  contract  of  indorsement  is  one  by 
which  a  person  agrees  that  he  will  pay  the  amount  of 
a  negotiable  paper  to  its  holder  when  due,  if  the  maker 
does  not.  Indorsement  consists  in  the  writing*  by  a 
person  of  his  name  across  the  back  of  the  instrument. 
Negotiable  j^aj^er  consists  of  promissory  notes,  bills  of  ex- 
change, checliis,  etc. ,  when  they  are  payable  to  some  per- 
son or  "bearer"  or  "order."  K  jpromissory  note  is  a 
promise  in  writing  to  pay  a  certain  sum  of  money  at  a 
certain  time.  The  party  signing  the  note  is  the  maker ; 
the  person  to  whom  it  is  payable,  the  payee.  A  hill  of 
exchange,  also  called  a  draft,  is  an  order  in  writing  by 
one  person  upon  another  to  pay  a  certain  sum  of  money 
to  a  third  person  either  upon  presentation  or  at  some 
time  after  date  of  presentation.  The  person  upon  whom 
such  order  is  made  is  not  liable  tlierefor  until  lie  accepts 
it — that  is,  promises  in  writing  upon  its  face  to  pay  it. 
He  is  then  called  an  acceptor,  and  becomes  the  principal 
debtor.  A  cliech  is  a  written  order  upon  a  banlc  to  pay 
to  a  person  named  a  sum  of  money  and  charge  the  same 
to  the  account  of  the  person  making  the  check.  To  fix 
an  indorser's  liability  the  negotiable  paper  must  be  pre- 
sented for  payment,  at  the  time  it  becomes  due,  at  the 


212  PRINCIPLES  OF  LAW 

place  where  it  is  payable.  If  payment  is  refused,  the  in- 
strument 1% protected — that  is,  non-payment  is  certified — 
usually  by  a  notary  ])ublic,  and  notice  of  this  fact  must 
be  given  at  once  to  the  indorser. 

Liens. — A  lien  is  the  right  of  a  person  to  retain  posses- 
sion of  the  property  of  another  until  certain  demands  are 
satisfied.  Among  those  entitled  to  this  right  are  inn- 
keepers and  railroad  companies  for  their  services  upon 
the  property  which  they  have  cared  for  or  carried.  They 
may  sell  the  property  and  apply  the  proceeds  to  the  pay- 
ment of  the  claims.  Mechanic's  liens  are  those  held  by 
contractors,  mechanics  and  others  who  furnish  labor  and 
materials  for  buildings.  They  are  governed  by  statute, 
and  can  only  be  enforced  by  legal  proceedings  similar  to 
the  foreclosure  of  a  morts'ao-e. 

Remedies  for  Violation  of  Contracts. — If  there  is  a  viola- 
tion of  a  contract,  the  injured  party  has  a  remedy  by 
legal  action  b}''  which  he  can  compel  the  performance  of 
the  contract  or  can  recover  money  damages  for  the  injury 
he  has  sustained. 

Wills  and  Testaments. — A  last  will  and  testament  is  an 
instrument,  usually  required  to  be  in  writing,  by  which  a 
person  disposes  of  his  propert}',  to  take  effect  after  his 
death.  Only  persons  of  full  age  and  mental  capacity  can 
make  wills  of  real  property,  but  in  some  States  certain 
minors  can  so  dispose  of  ih'sh.^ personal  propert^^  (A  per- 
son dying  without  a  last  will  and  testament  is  said  to  die 
intestate})  It  is  necessary  that  the  instrument  be  signed 
by  the  maker,  called  the  testator,  who  in  most  States 
must  acknowledge  such  act,  with  the  statement  that  it 
is  his  last  will  and  testament,  in  the  presence  of  two  or 


CIVIL  RIGHTS  213 

more  witnesses,  who  are  not  interested  in  the  will,  and 
who  then  sign,  in  the  presence  of  each  otlier  and  the 
testator,  a  statement  of  such  execution  and  acknowl- 
edgment. Changes  are  sometimes  made  in  wills  and 
testaments,  by  instruments  called  codicils,  which  must 
be  executed  with  the  same  formalities  as  the  original 
instruments.  A  will  and  testament  becomes  effectual 
upon  the  death  of  the  testator,  unless  it  has  been  de- 
stroyed by  his  direction  or  has  been  expressly  revoked 
by  a  subsequent  will.  After  the  death  of  tlie  testator 
the  will  and  testament  are  proved,  ov probaied,  before  a 
surrogate  or  probate  judge,  and  the  real  property  passes 
at  once  to  those  entitled  to  it.  The  affairs  of  the  estate 
are  settled,  and  distribution  of  the  personal  propert}^ 
is  usually  made  by  a  person  named  in  the  will,  called  an 
executor.  When  a  person  dies  intestate  his  real  property 
passes  directly  to  his  heirs,  and  his  affairs  are  settled  and 
his  personal  property  is  distrilmted  by  an  officer  appointed 
by  the  surrogate,  called  an  administrator. 

2.  Relative  Hiotits. 

Husband  and  Wife. — The  contract  of  marriage  is  regu- 
lated by  statute  in  the  several  States,  but  as  a  rule  the 
following  persons  are  debarred :  (a)  Males  under  fourteen 
and  females  under  twelve  years  of  age  ;  (b)  persons  hav- 
ing another  husband  or  wife  living  ;  and  (c)  persons  re- 
lated to  each  other  within  certain  degrees.  The  mutual 
promises  of  the  parties  constitute  the  consideration.  In 
some  States  a  license  issued  by  an  official  is  required  before 
a  marriage  can  be  celebrated.  Divorce  is  the  judicial 
termination  of  a  marriage  contract ;  the  grounds  upon 


214:  PRINCIPLES  OF  LAW 

which  it  is  granted  are  fixed  by  statute.  In  the  mar- 
riage relation  the  husband  is  considered  the  head  of  the 
family.  He  can  determine  the  place  of  abode  and  can 
compel  the  wife's  return  if  she  leaves  him  without  cause. 
He  is  required  to  sup]iort  and  protect  her,  and  in  the 
buying  of  articles  for  the  home  the  wife  is  considered  the 
agent  of  the  husband,  so  long  as  she  lives  with  him  ;  but 
he  is  released  from  all  obligations  of  this  character  if  she 
leaves  him  without  cause. 

Parent  and  Child. — Children  owe  to  their  parents  ohe- 
dience  and  service  during  their  minority.  Parents  are 
obliged  to  protect  the  child,  provide  necessary  food  and 
clothing,  and  educate  him  according  to  his  station  in  life. 

Guardian  and  Ward. — A  guardian  is  one  who  has  the 
care  of  the  person  or  property  of  a  minor,  called  a  ward. 
A  guardian  of  the  person  is  entitled  to  obedience,  but  not 
service.  A  guardian  of  the  property  must  support  and 
educate  the  v/ard  according  to  the  Avard's  station  and 
property.  He  cannot  make  any  profit  out  of  the  prop- 
erty for  himself,  and  is  liable  for  any  loss  occasioned  by 
his  negligence. 

Master  and  Servant. — A  master  is  one  who  by  virtue  of 
a  contract  has  authority  over  another  person,  called  a 
servant.  Servants  are  of  two  kinds — apprentices,  or  those 
placed  under  the  authority  of  another  for  the  purpose  of 
learning  some  trade  ;  and  hired  servants,  or  those  who 
engage  to  render  services  in  return  for  wages.  The  mas- 
ter is  entitled  to  obedience  and  service  during  the  term 
of  the  contract.  The  servant  is  entitled  to  receive  the 
agreed  wages  during  the  time  of  the  contract,  unless  he 
leaves  or  is  discharged  for  cause. 


WRONGS  215 

2.   WRONGS. 

1.  Torts. 

Torts. — A  tori  is  the  intentional  and  wrongful  doing 
or  not  doing  of  some  act  by  which  another  is  injured. 
The  most  common  torts  are  slander,  libel,  fraud  and 
assault.  Slander  is  the  willful  injury  of  the  reputation 
of  another  by  spoken  language.  Libel  is  the  willful  in- 
jury of  the  reputation  of  another  by  writing,  printing, 
engraving  or  other  permanent  form.  Libel  is  also  a 
crime.  Fraud  is  a  false  representation,  made  with  the 
intent  to  deceive,  and  resulting  in  actual  injury.  Assault, 
which  is  also  a  crime,  will  be  defined  later. 

2.  Crimes. 

Definitions. — A  crirne  is  an  act  or  omission  forbidden 
by  law  and  punishable  by  death,  imprisonment,  fine  or 
other  penalty.  K  felony  is  a  crime  punishable  by  death 
or  imprisonment  in  a  state  prison.  All  other  crimes  are 
misdemeanors.  Two  elements  are  necessary  to  constitute 
a  crime — the  criminal  intent  and  the  criminal  act.  A 
principal  is  one  who  commits  the  crime,  or  one  who  is 
present  aiding  and  abetting  the  act.  An  accessory  is  one 
who,  not  present,  yet  aids  and  abets  the  commission  of 
a  felony,  or  one  who,  witli  knowledge  of  the  crime,  aids 
the  offender  to  avoid  arrest  and  punishment.  In  the 
commission  of  treason  and  misdemeanors  all  the  wrong- 
doers are  principals. 

Crimes  against  the  State. — The  principal  crimes  against 
the   State  are   treason,    illegal   voting,    bribery,    aiding 


210  PRINCIPLES   OP  LAW 

escape  of  prisoner,  counterfeiting,  forging,  perjury  and 
influencing  another  person  to  swear  falsely,  which  is 
called  subornation  of  perjury. 

Crimes  against  Persons ;  Suicide. — The  principal  crimes 
against  persons  are  suicide,  homicide,  assault,  robber}^ 
and  libel.  Suicide  is  the  intentional  taking  of  one's  own 
life.     The  attempt  to  commit  suicide  is  also  a  crime. 

Homicide. — Homicide  is  the  killiug  of  a  human  being 
by  another.  Murder  in  the  first  degree  is  the  wrongful 
hilling  of  a  person  either  with  a  premeditated  design  to 
cause  his  death;  or  by  a  reckless  act  dangerous  to  life, 
although  without  intent  to  take  life  ;  or  b}^  a  person 
engaged  in  the  commission  of  a  felony.  The  usual  pun- 
ishment is  death  or  life  imprisonment.  Murder  in  the 
second  degree  is  the  intentional  killing  of  a  human  being 
vrithout  premeditation.  The  usual  punishment  is  life 
imprisonment.  All  other  forms  of  homicide  are  termed 
manslaughter.  Homicide  is  excusable  when  committed 
by  accident.  Homicide  committed  in  the  defense  of  self 
or  another  is  justifiaMe.  ISTo  person  can  be  convicted  of 
homicide  unless  it  is  proved  that  a  life  has  been  taken 
and  that  he  is  the  one  who  took  it. 

Assault. — An  assault  in  its  highest  form  is  either  an 
attack  upon  a  person  with  intent  to  kill  or  commit  a 
felony,  with  a  weapon  likely  to  produce  death  ;  or  the 
administration  of  poison  or  drugs  dangerous  to  life.  It 
is  a  felon}^.  Assault  and  hattery  is  an  attack  upon  a  per- 
son with  the  fists  with  the  intention  to  do  him  bodily 
injury.     This  is  a  misdemeanor. 

Robbery. — Robbery  is  the  unlawful  taking  of  personal 
property  from  a  person  against  his  will,  by  force  or  vio- 


WRONGS  217 

lence,  or  by  arousing  fear  in  such  person.  Secretly  pick- 
ing a  person's  pocket  is  not  robbery. 

Crimes  against  Property;  Arson. — The  principal  crimes 
against  property  are  arson,  burglary  and  larceny.  Arson 
in  its  highest  degree  consists  in  setting  fire  at  nighttime 
to  a  building  or  car  or  other  structure  in  which  there  is 
a  human  being.  The  punishment  varies  in  the  different 
States,  the  most  severe  being  imprisonment  for  life. 

Burglary. — Burglary  is  the  forcible  entering  of  a  house 
or  room  for  the  purpose  of  committing  a  crime.  Its  high- 
est degree  occurs  when  such  entry  is  made  in  the  night, 
when  a  human  being  is  within,  by  a  person  armed  with 
a  dangerous  weapon.     It  is  a  felony. 

Larceny. — Larceny  is  the  taking,  concealing  or  with- 
holding of  personal  property  with  the  intent  to  deprive 
the  owner  of  its  possession.  The  highest  degree,  called 
grand  larceny^  consists  in  taking  propei'ty  from  the  per- 
son of  another  in  the  nighttime,  or  in  the  taking  at  any 
time  of  property  above  a  certain  value.  AU  other  steal- 
ing isJ';e^^^  larceny. 

Bigamy. — The  principal  crime  against  public  morals  is 
bigamy.  It  is  llgainy  when  a  person,  having  a  living 
husband  or  wife,  marries  another. 

Arrest. — An^esi  is  the  apprehension  of  an  offender  in 
order  that  he  may  be  punished  for  his  crime.  It  is  usually 
made  by  an  officer  upon  a  warrant,  which  is  a  mandate 
of  a  court  commanding  the  arrest  of  the  offender.  But 
an  arrest  may  be  made  without  a  warrant  when  the 
offender  is  detected  in  the  actual  commission  of  a  crime. 


218 


PRINCIPLES  OF  LAW 


MUNICIPAL   LAW. 


MUNICIPAL  LAW 


r  UNWRITTEN  \  Common  Law. 
'  Equity. 

f  Federal 


WRITTEN 


State 


Constitution. 

Acts  of  Congress  (Federal  Statutes), 

Treaties. 

Constitutions. 

Acts  of  Legislatures  (State  Statutes). 


OIVII>  RIGHTS. 


I.  ABSOLUTE  RIGHTS: 

1.  Personal  Security  \ 

1  Reputation. 

2.  Personal  Liberty. 

3.  Private  Property. 

r  Ways. 
Real  Property  \  Rights  of  ■;  Franchises. 

I-  Rents. 

Personal  Property. 


Estates— 


In  Real  Property. 


As  to  Tenure 


As  to  Title 


Real  Estates 

Personal  Estates 
(Lease) 

by  Descent. 

by  Purchase 


in  Fee. 

for  Life  \  L'^"  E8t^t«- 
I  Dower. 

Landlord 

and 

Tenant. 

by    j  Public— Patent. 
Grant  '  Private— Deed,  Mortgage. 
L  by  Devise — Will. 


In  Personal  Pj-operty. 

S  Absolute. 


As  to  tenure 


As  to  Title 


I  Qualified. 
By  operation  of  law. 
By  sole  act  of  owner. 


By  joint  act 

of  parties 


Gift. 

Will  and  testament. 

Contract. 


MUNICIPAL  LAW 


219 


ABSOLUTE  UIGUTS— Continued. 
Contracts— 

Conditions  as  to. 


r 


Of  full  age. 


Parties 

Consideration. 

(  Moral. 
^""^^^"^^  I  Lawful. 

.  Meeting  of  the  minds. 

Classes. 
r  Oral. 


\   Of  full  understanding. 
I  Free  to  contract. 


Written 


Under  seal 


Not  under  seal 


f  Warranty 
Deed  I   Quitclaim 

I  Etc.,  etc. 
Mortgage 


Signed,  Sealed, 
Acknowledged, 
Delivered  and 
Recorded. 


Sale 

Bailment. 
Agency 

Partnership 

Insurance 

Indorsement 
Liens. 


(  Implied 


1 


warranty 


For  purchase  j  Lands. 

and  sale  of     '  Personal  property  over  $54 
Which  cannot  be  performed  in  a  year. 
Guaranty. 
Chattel  mortgage. 
From  sample. 

When  particularly  manufactured. 
As  to  food. 


J   General 
'  Special 


[  Principal  and  agent. 
Public. 


Corporation  ■ 


Private 


r  Charter. 

Franchise. 

Directors. 
.  Stockholders. 


Fire 
Marine 
Life,  etc. 

Negotiable 


Policy  and  premium. 


paper 


Promissory  note  (maker,  payee). 
Bill  of  exchange    (   At  sight       I    , .  .     , 

(draft)  '  Afterdate  >"  (Acceptor). 


_  Liability  of  indorser  (presentation,  non-payment,  protest,  notice). 


Jiemedies. 

J   Enforce  performance. 

'  Recover  damages. 

Wills  and  Testaments. 

Execution. 
Aaditicn  (codicil). 
Probate. 


Testator  and  Intestate. 
Executors  and  Administrators. 


2f?0 


PRINCIPLES  OF  LAW 


11.  RELATIVE  RIGHTS 

1.  Husband  and  Wife. 


Marriage 


(  Rights  and 


duties 


.  Divorce, 

2.  Parent  and  Child. 

Child 

Duties  of 

Parent 

3.  Guardian  and   Ward. 
r  Of  person, 
[  Of  property 


'  Residence. 
Return. 
Protection. 
Support. 


(  Obedience. 
'  Service. 

Protection. 

Support. 

Education. 


Entitled  to  obedience. 


Guardian 


(  Must  support  I   ,  ,        , 

1  Must  educate  f  from  property  ot  ward. 


4.  Master  and  Servant. 

{   Apprentice. 
I   Hired  Servant. 


I.  TORTS  : 

Classes. 

Slander. 
Libel. 
Fraud. 
Assault. 

II.  CRIMES: 
Divisions. 

(   Felonies. 

'  Misdemeanors. 

Criminals. 


■WRONGS. 


j  Principal. 
'  Accessory. 


Against  State. 

Treason. 
Illegal  voting. 
Bribery. 
-    Aiding  a  prisoner  to  escape. 
Counterfeiting. 
Forging  public  records. 
.  Perjury. 


MUNICIPAL  LAW 


221 


CmWES—Condm/ed. 

Against  Persons. 
Suicide. 


Homicide 

Assault 
I  Robber}'. 


Murder 

Manslaughter 
f  With  intent 
[  and  battery. 


Against  Property. 
Arson. 
Burglary. 

j   Grand. 

'(  Petit. 


Larceny 


j  Ist  degree 

I  2d  degree    (  Excusable  and 

'  Justifiable  Homicide. 
_(  To  kill, 
i  To  commit  a  felony. 


Against  Public  Decency  and  Morals  (Bigamy), 

III.  ARREST: 

With  a  warrant. 
Without  a  warrant. 


APPENDIX  I 

THE  DECLARATION  OF  INDEPENDENCE 

In  Congress,  July  4,  1776 

The  Unanimous  Declaration  of  the  Thirteen  United  States  of 

America 

When,  in  the  course  of  human  events,  it  becomes  necessary  for  one 
people  to  dissolve  the  political  bands  which  have  connected  them  with 
another,  and  to  assume,  among  the  Powers  of  the  earth,  the  separate 
and  equal  station  to  which  the  hiws  of  nature  and  of  nature's  God  en- 
title them,  a  decent  respect  to  the  opinions  of  mankind  requires  that 
they  should  declare  the  causes  which  impel  them  to  the  separation. 

We  hold  these  truths  to  be  self-o\idont :  that  all  men  are  created 
equal,  that  they  are  endowed  by  their  Creator  with  certain  inalienable 
rights;  that  among  these  are  life,  liberty,  and  the  pursuit  of  happiness. 
That  to  secure  these  rights,  governments  are  instituted  among  men, 
deriving  their  just  powers  from  the  consent  of  the  governed;  that 
whenever  any  form  of  government  becomes  destructive  of  these  ends, 
it  is  the  right  of  the  people  to  alter  or  to  abolish  it,  and  to  institute  a  new 
government,  laying  its  foundation  on  such  principles,  and  organizing 
its  powers  in  such  form,  as  to  them  shall  seem  most  likely  to  effect 
theii  safety  and  happiness.  Prudence,  indeed,  will  dictate  that  gov- 
ernments long  established  should  not  be  changed  for  light  and  transient 
causes;  and  accordingly  all  experience  hath  shown  that  mankind  are 
more  disposed  to  suffor,  while  evils  are  sufferable,  than  to  right  th(*m- 
selves  by  abolishing  the  forms  to  which  they  are  accustomed.  But 
when  a  long  train  of  abuses  and  usurpations,  pursuing  invariably  the 
same  object,  evinces  a  design  to  reduce  them  under  absolute  despotism, 
it  is  their  right,  it  is  their  duty,  to  throw  off  such  government,  and  to 
provide  new  guards  for  their  futun>  security.  -  Such  has  been  the  patient 
sufferance  of  these  colonies;  ami  such  is  now  the  necessity  which  con- 
strains them  to  alter  their  former  systems  of  government.  The  history' 
of  the  present  king  of  Great  Britain  is  a  history  of  repeated  injuries 


22i        THE  DECLARATION  OF  INDEPENDENCE 

and  usurpations,  all  having  in  direct  object  the  estabhshment  of  an 
absolute  tj-ranny  over  these  States.  To  prove  this,  let  facts  be  sub- 
mitted to  a  candid  world. 

He  has  refused  his  assent  to  laws  the  most  wholesome  and  necessary 
for  the  public  good. 

He  has  forbidden  his  governors  to  pass  laws  of  immediate  and  press- 
ing importance,  unless  suspended  in  their  operation  till  his  assent 
should  be  obtained;  and  when  so  suspended,  he  has  utterly  neglected 
to  attend  to  them. 

He  has  refused  to  pass  other  laws  for  the  accommodation  of  large 
districts  of  people,  unless  those  people  would  relinquish  the  right  of 
representation  in  the  legislature,  a  right  inestimable  to  them  and  for- 
midable to  tj^rants  only. 

He  has  called  together  legislative  bodies  at  places  unusual,  uncom- 
fortable, and  distant  from  the  depository  of  their  public  records,  for 
the  sole  purpose  of  fatiguing  them  into  compliance  with  his  measures. 

He  has  dissolved  representative  houses  repeatedly,  for  opposing,  with 
manly  firmness,  his  invasions  on  the  rights  of  the  people. 

He  has  refused,  for  a  long  time  after  such  dissolutions,  to  cause  others 
to  be  elected;  whereby  the  legislative  powers,  incapable  of  annihila- 
tion, have  returned  to  the  people  at  large  for  their  exercise ;  the  State 
remaining,  in  the  meantime,  exposed  to  all  the  dangers  of  invasion 
from  without,  and  convulsions  within. 

He  has  endeavored  to  prevent  the  population  of  these  States;  for 
that  purpose  obstructing  the  laws  for  naturalization  of  foreigners;  re- 
fusing to  pass  others  to  encourage  their  migration  hither,  and  raising 
the  conditions  of  new  appropriations  of  lands. 

He  has  obstructed  the  administration  of  justice,  by  refusing  his 
assent  to  laws  for  establishing  judiciary  powers. 

He  has  made  judges  dependent  on  his  will  alone  for  the  tenure  of 
their  offices,  and  the  amount  and  payment  of  their  salaries. 

He  has  erected  a  multitude  of  new  offices,  and  sent  hither  swarms 
of  officers  to  harass  our  people  and  eat  out  their  substance. 

He  has  kept  among  us,  in  times  of  peace,  standing  armies  without 
the  consent  of  our  legislatures. 

He  has  alTected  to  render  the  military  independent  of  and  superior 
no  the  civil  power. 

He  has  combined  with  others  to  subject  us  to  a  jurisdiction  foreign 
to  our  constitution,  and  unacknowledged  by  our  laws;  giving  his  assent 
to  their  acts  of  pretended  legislation  : 

For  quartering  large  bodies  of  armed  troops  among  us  : 


THE  DECLARATION  OF  INDEPENDENCE        225 

For  protecting;  them,  l)y  a  mock  trial,  from  punishment  for  any  mur- 
ders which  they  should  conuiiit  on  the  inhabitants  of  these  States  : 

For  cutting  off  our  trade  with  all  parts  of  the  world  : 

For  imposing  taxes  on  us  wthout  our  consent  : 

For  depriving  us,  in  many  cases,  of  the  benefits  of  trial  by  jury  : 

For  transporting  us.  bej-ond  seas  to  be  tried  for  pretended  offenses  : 

For  abolishing  the  free  system  of  English  laws  in  a  neighboring  prov- 
ince, establishing  therein  an  arbitrary  government,  and  enlarging  its 
boundaries,  so  as  to  render  it  at  once  an  example  and  fit  instrument 
for  introducing  the  same  absolute  rule  into  these  colonies  : 

For  taking  away  our  charters,  abolishing  our  most  valuable  laws,  and 
altering  fundamentally  the  forms  of  our  government  : 

For  suspending  our  own  legislatures,  and  declaring  themsehcs  in- 
vested with  power  to  legislate  for  us  in  all  cases  whatsoever. 

He  has  abdicated  government  here,  by  declaring  us  out  of  his  pro- 
tection, and  waging  war  against  us. 

He  has  plundered  our  seas,  ravaged  our  coasts,  burnt  our  towns, 
and  destroyed  the  lives  of  our  people. 

He  is,  at  this  time,  transporting  large  armies  of  foreign  mercenaries 
to  complete  the  works  of  death,  desolation  and  tyranny,  already  begmi, 
with  circmnstances  of  cruelty  and  porlidy  scarcely  paralleled  in  tlie 
most  barbarous  ages,  and  totallj^  unworthy  the  head  of  a  civilized 
nation. 

He  has  constrained  our  fellow-citizens,  taken  captive  on  the  high 
seas,  to  bear  arms  against  their  country,  to  become  the  executioners 
of  their  friends  and  brethren,  or  to  fall  themselves  by  their  hands. 

He  has  excited  domestic  insurrections  amongst  us,  and  has  endeavored 
to  bring  on  the  inhabitants  of  ovir  frontiers,  the  merciless  Indian  sav- 
ages, whose  known  rule  of  warfare  is  an  undistinguished  destruction  of 
all  ages,  sexes,  and  conditions. 

In  every  stage  of  these  oppressions  we  have  petitioned  for  redress 
in  the  most  huml)le  terms  :  o\ir  repeated  petitions  have  been  answered 
only  by  repeated  injiuies.  A  prince,  whose  character  is  thus  marked 
by  every  act  which  may  define  a  tyrant,  is  unfit  to  be  the  ruler  of  a 
free  people. 

Nor  have  we  been  wanting  in  attention  to  our  British  lirethren.  We 
have  warned  them,  from  time  to  time,  of  attempts  by  their  legislature 
to  extend  an  unwarrantable  jurisdiction  over  us.  We  have  reminded 
them  of  the  circumstances  of  our  emigration  and  settlement  here.  Wc 
have  appealed  to  their  native  justice  and  magnanimity,  and  we  have 
conjured  them  by  the  ties  of  our  common  kindred  to  disavow  these 
15 


226        THE  DECLARATION  OF  INDEPENDENCE 

usurpations,  which  would  inevitably  interrupt  our  connections  and 
correspondence.  They  too  have  been  deaf  to  the  voice  of  justice  and 
of  consanguinity.  We  must,  therefore,  aquiesce  in  the  necessity  which 
denounces  our  separation,  and  holds  them,  as  we  hold  the  rest  of  man- 
kind, enemies  in  war,  in  peace  friends. 

We,  therefore,  the  Representatives  of  the  United  States  of  America, 
in  general  Congress  assembled,  appealing  to  the  Supreme  Judge  of  the 
world  for  the  rectitude  of  our  intentions,  do,  in  the  name,  and  by 
authority  of  the  good  people  of  these  colonies,  solemnly  publish  and 
declare.  That  these  United  Colonies  are,  and  of  right  ought  to  be,  free 
and  independent  States;  that  they  are  absolved  from  all  allegiance  to 
the  British  crown,  and  that  all  political  connection  between  them  and 
the  State  of  Great  Britain  is,  and  ought  to  be,  totally  dissolved;  and 
that,  as  free  and  independent  States,  they  have  full  power  to  levy  war, 
conclude  peace,  contract  alliances,  establish  commerce,  and  to  do  all 
other  acts  and  things  which  independent  States  may  of  right  do.  And 
for  the  svipport  of  this  declaration,  with  a  firm  reliance  on  the  protection 
of  Divine  Providence,  we  mutually  pledge  to  each  other  our  lives,  our 
fortunes,  and  our  sacred  honor. 

John  Hancock. 

New  Hampshire — Josiah  Bartlett,  Wm.  Whipple,  Matthew  Thornton. 

Massachusetts  Bay — Saml.  Adams,  John  Adams,  Robt.  Treat  Paine, 
Elbridge  Gerry. 

Rhode  Island — Step.  Hopkins,  William  Ellery. 

Connecticut — Roger  Sherman,  Sam'el  Huntington,  Wm.  Williams, 
Oliver  Wolcott. 

New  York — Wm.  Floyd,  Phil.  Livingston,  Frans.  Lewis,  Lewis  Morris. 

New  Jersey — Richd.  Stockton,  Jno.  Witherspoon,  Fras.  Hopkinson, 
John  Hart,  Abra.  Clark. 

Pennsylvania — Robt.  Morris,  Benjamin  Rush,  Benja.  Franklin,  John 
Morton,  Geo.  Clymer,  Jas.  Smith,  Geo.  Taylor,  James  Wilson,  Geo.  Ross. 

Delaware — Ca'sar  Rodney,  Geo.  Read,  Tho.  M'Kean. 
.  Maryland — Samuel  Chase,  Wm.  Paca,  Thos.  Stone,  Charles  Carroll  of 
Carrollton. 

Virginia — George  Wythe,  Richard  Henry  Lee,  Th.  Jefferson,  Benja. 
Harrison,  Thos.  Nelson,  Jr.,  Francis  Lightfoot  Lee,  Carter  Braxton. 

North  Carolina — Wm.  Hooper,  Joseph  Hewes,  John  Penn. 

South  Carolina — Edward  Rutledge,  Thos.  Heyward,  Junr.,  Thomas 
Lynch,  Junr.,  Arthur  Middleton. 

Georgia — Button  G'ninnett,  T>yman  Hall,  Geo.  Walton. 


APPENDIX  II 

DELEGATES  TO  THE  CONSTITUTIONAL  CONVENTION 

Those  with  numbei's  before  tlieir  names  signed  the  Constitution, 
while  those  whose  names  are  in  italics  were  appointed  delegates, 
but  did  not  attend  the  Convention. 

New  Hampshire. 
1.  John  Langdon.  2.  Nicholas  Gilman. 

John  Pickering.  Benjamin  West. 

Massachusetts. 
Francis  Dana.  3.  Nathaniel  Gorham. 

Elbridge  Gerry.  4.  Ruf us  King. 

Caleb  Strong. 

Rhode  Island  (no  appointment). 

Connecticut. 
5.  William  S.  Johnson.  6.  Roger  Sherman. 

Oliver  Ellsworth. 

New  York. 
Robert  Yates.  7.  Alexander  Hamilton. 

John  Lansing. 

New  Jersey. 

8.  William  Livingston.  10.  William  Patterson. 

9.  David  Brearly.  John  Neilson. 
William  C.  Houston.  Abraham  Clarke. 

11.  Jonathan  Dayton. 

Pennsylvania. 

12.  Benjamin  Franklin.  10.  Thomas  Fitzsimons. 

13.  Thomas  Mifflin.  17.  Jared  Ingersoll. 

14.  Robert  Morris.  18.  James  Wilson. 

15.  George  Clymer.  19.  Gouverneur  Morris. 


228     DELEGATES  TO   CONSTITUTIONAL  CONVENTION 


Delaware. 

20.  George  Read.  22.  John  Dickinson. 

21.  Gunning  Bedford,  Jr.  23.  Richard  Bassett. 

24.  Jacob  Broom. 

Maryland. 
25.  James  McHenry.  27.  Daniel  Carroll. 


2Q.  Daniel   of  St.    Thomas 
Jenifer. 


28. 


29. 
30. 


31. 


Virginia. 

George  Washington. 
Patrick  Henry  (declined). 
Edmvmd  Randolph. 
John  Blair. 
James  Madison,  Ji*. 

North  Carolina. 

Richard  Casivell  (resigned).- 
Alexander- Martin.  32. 

William  R.  Davie.  33. 

William  Blount  (in  the 
room  of  R.  Caswell). 


John  Francis  Mercer. 
Luther  Martin. 

George  Mason. 
George  Wythe. 
James  McClurg  (in  the 
room  of  P.  Henry). 


Willie  Jones  (declined). 
Richard  D.  Spaight. 
Hugh   Williamson    (in 

the     room     of      W. 

Jones). 


South  Carolina. 


34. 

John  Rutledge.                           36 

35. 

Charles  C.  Pinckney.                37 

Georglv. 

38. 

William  Few. 

39. 

Abraham  Baldwin. 

William  Pierce. 

Charles  Pinckney. 
Pierce  Butlei*. 


George  Walton. 
William  Houston, 
Nathaniel  Pendleton. 


APPENDIX   III 

CONSTITUTION   OF  THE   UNITED   STATES 

PREAMBLE. 

We,  the  people  of  the  United  States,  in  order  to  form  a  more  perfect 
union,  establish  justice,  insure  domestic  tranquillity,  provide  for  the  , 
common  defense,  promote  the  general  welfare,  and  secure  the  blessings 
of  liberty  to  ourselves  and  our  posterity,  do  ordain  and  establish  this 
Constitution  for  the  United  States  of  America. 

ARTICLE  I.     LEGISLATIVE  DEPARTMENT. 

Section  1.  Congress  in  General. 

All  legislatiA'c  powers  herein  granted  shall  be  vested  in  a  Congress  of 
the  United  States,  which  shall  consist  of  a  Senate  and  House  of  Rep- 
resentatives. 

Section  2.  HorsE  of  Representatives. 

1.  The  House  of  Representatives  shall  be  composed  of  members 
chosen  every  second  year  by  the  people  of  the  several  States,  and  the 
electors  in  each  State  shall  have  the  qualifications  requisite  for  electors 
of  the  most  numerous  branch  of  Ihc  State  legislature. 

2.  No  person  shall  be  a  Representative  who  shall  not  have  attained 
to  the  age  of  twentj'-five  j^ears,  and  been  seven  j-ears  a  citizen  of  the 
United  States,  and  who  shall  not,  when  elected,  be  an  inhabitant  of 
that  State  in  which  he  shall  be  chosen. 

3.  Representatives  and  direct  taxes  shall  be  apportioned  among  the 
several  States  which  may  be  included  within  this  Union,  according  to 
their  respective  numbers,  which  shall  be  determined  by  adding  to  the 
whole  number  of  free  persons,  including  those  bound  to  service  for 
a  term  of  years,  and  excluding  Indians  not  taxed,  three  fifths  of  all 
other  persons.  The  actual  enumeration  shall  be  made  within  three 
years  after  the  first  meeting  of  the  Congress  of  the  United  States,  and 


230       CONSTITUTION  OF  THE  UNITED  STATES 

within  every  subsequent  term  of  ten  years,  in  such  manner  as  they  shall 
by  law  direct.  The  number  of  Representatives  shall  not  exceed  one  for 
every  thirty  thousand,  but  each  State  shall  have  at  least  one  Reore- 
sentative;  and  until  such  enumeration  shall  be  made,  the  State  of  New 
Hampshire  shall  be  entitled  to  choose  three,  Massachusetts  eight. 
Rhode  Island  and  Providence  Plantations  one,  Connecticut  five.  New 
York  six,  New  Jersey  four,  Pennsylvania  eight,  Delaware  one,  Mary- 
land six,  Virginia  ten,  North  Carolina  five.  South  Carolina  five,  and 
Georgia  three. 

4.  When  vacancies  happen  in  the  representation  from  any  State,  the 
executive  authority  thereof  shall  issue  writs  of  election  to  fill  such 
vacancies. 

5.  The  House  of  Representatives  shall  choose  their  Speaker  and  other 
officers  ;  and  shall  have  the  sole  power  of  impeachment. 

Section  3.  Senate. 

1.  The  Senate  of  the  United  States  shall  be  composed  of  two  Sena- 
tors from  each  State,  chosen  bj^  the  legislature  thereof,  for  six  years; 
and  each  Senator  shall  have  one  vote. 

2.  Immediately  after  they  shall  be  assembled  in  consequence  of  the 
first  election,  they  shall  be  divided  as  equally  as  may  be  into  three 
classes.  The  seats  of  the  Senators  of  the  first  class  shall  be  vacated  at 
the  expiration  of  the  second  year,  of  the  second  class,  at  the  expiration 
of  the  fourth  year,  and  of  the  third  class,  at  the  expiration  of  the  sixth 
year,  so  that  one  third  may  be  chosen  every  second  j-ear ;  and  if  vacancies 
happen  by  resignation,  or  otherwise,  during  the  recess  of  the  legislature 
of  any  State,  the  executive  thereof  may  make  temporary  appointments 
until  the  next  meeting  of  the  legislature,  which  shall  then  fill  such 
vacancies. 

3.  No  person  shall  be  a  Senator  who  shall  not  have  attained  to  the 
age  of  thirty  j^ears,  and  been  nine  years  a  citizen  of  the  United  States, 
and  who  shall  not,  when  elected,  be  an  inhabitant  of  that  State  for 
which  he  shall  be  chosen. 

4.  The  Vice  President  of  the  United  States  shall  be  President  of  the 
Senate,  but  shall  have  no  vote,  unless  they  be  equally  divided. 

5.  The  Senate  shall  choose  their  other  officers,  and  also  a  President 
pro  tempore,  in  the  absence  of  the  Vice  President,  or  when  he  shall 
exercise  the  office  of  President  of  the  United  States. 

6.  The  Senate  shall  have  the  sole  power  to  try  all  impeachments. 
When  sitting  for  that  purpose,  they  shall  be  on  oath  or  affirmation. 


CONSTITUTION  OF  THE  UNITED  STATES       231 

WTien  the  President  of  the  United  States  is  tried,  the  Chief  Justice 
shall  preside;  and  no  person  shall  be  convicted  without  the  concurrence 
of  two  thirds  of  the  members  present. 

7.  Judgment  in  cases  of  impeachment  shall  not  extend  further  than 
to  removal  from  office,  and  disqualification  to  hold  and  enjoy  any  office 
of  honor,  trust  or  profit  under  the  United  States;  but  the  party  con- 
victed shall  nevertheless  be  liable  and  subject  to  indictment,  trial, 
judgment  and  punishment,  according  to  law. 

Section  4.  Both  Houses. 

1.  The  times,  places  and  manner  of  holding  elections  for  Senators 
and  Representatives,  shall  be  prescribed  in  each  State  by  the  legisla- 
ture thereof;  but  the  Congress  may  at  any  time  by  law  make  or  alter 
such  regulations,  except  as  to  the  places  of  choosing  Senators. 

2.  The  Congress  shall  assemble  at  least  once  in  every  year,  and  such 
meeting  shall  be  on  the  first  Monday  in  December,  unless  they  shall  by 
law  appoint  a  different  day. 

Section  5.  The  Houses  Separately. 

1.  Each  house  shall  be  the  judge  of  the  elections,  returns  and  quali- 
fications of  its  own  members,  and  a  majority  of  each  shall  constitute  a 
quorum  to  do  bu.siness;  but  a  smaller  number  may  adjourn  from  day 
to  day,  and  may  be  authorized  to  compel  the  attendance  of  absent 
members,  in  such  manner,  and  under  such  penalties  as  each  house  may 
provide. 

2.  Each  house  may  determine  the  rules  of  its  proceedings,  punish  its 
members  for  disorderly  behavior,  and,  with  the  concurrence  of  two 
thirds,  expel  a  member. 

3.  Each  house  shall  keep  a  journal  of  its  proceedings,  and  from  time 
to  time  publish  the  same,  excepting  such  parts  as  may  in  their  judgment 
require  secrecy  ;  and  the  yeas  and  nays  of  the  members  of  either  house 
on  any  question  shall,  at  the  desire  of  one  fifth  of  those  present,  be 
entered  on  the  journal. 

4.  Neither  house,  during  the  session  of  Congress,  shall,  without  the 
consent  of  the  other,  adjourn  for  more  than  three  days,  nor  to  any  other 
place  than  that  in  which  the  two  houses  shall  be  sitting. 

Section  6.  Priaileges  and  Disabilities  of  ^Iembers. 

1.  The  Senators  and  Representatives  shall  receive  a  compensation 
for  their  services,  to  be  ascertained  by  law,  and  paid  out  of  the  Treasury 


232       CONSTITUTION  OF  THE  UNITED  STATES 

of  the  United  States.  They  shall  in  all  cases,  except  treason,  felony 
and  breach  of  the  peace,  be  privileged  from  arrest  during  their  attend- 
ance at  the  session  of  their  respective  houses,  and  in  going  to  and  re- 
turning from  "the  same ;  and  for  any  speech  or  debate  in  either  house, 
they  shall  not  be  questioned  in  any  other  place. 

2.  No  Senator  or  Representative  shall,  during  the  time  for  which 
he  was  elected,  be  appointed  to  any  civil  ofhce  under  the  authority  cf 
the  United  States,  which  shall  have  been  created,  or  the  emoluments 
whereof  shall  have  been  increased  during  such  time,  and  no  person 
holding  any  office  under  the  United  States,  shall  bo  a  member  of  either 
house  during  his  continuance  in  office. 


Section  7.  Mode  of  Passing  Laws. 

1.  All  bills  for  raising  revenue  shall  originate  in  the  House  of  Repre- 
sentatives ;  but  the  Senate  may  propose  or  concur  with  amendments 
as  on  other  bills. 

2.  Every  bill  which  shall  have  passed  the  House  of  Representatives 
and  the  Senate,  shall,  before  it  becomes  a  law,  be  presented  to  the  Presi- 
dent of  the  United  States ;  if  he  approve  he  shall  sign  it,  but  if  not  he 
shall  return  it,  with  his  objections  to  that  house  in  which  it  shall  have 
originated,  who  shall  enter  the  objections  at  large  on  their  journal,  and 
proceed  to  reconsider  it.  If  after  such  reconsideration  two  thirds  of 
that  house  shall  agree  to  pass  the  bill,  it  shall  be  sent,  together  with  the 
objections,  to  the  other  house,  by  which  it  shall  likewise  be  reconsidered, 
and  if  approved  by  t^  "o  thirds  of  that  house,  it  shall  become  a  law.  But 
in  all  such  cases  the  votes  of  both  houses  shall  be  determined  by  yeas 
and  nays,  and  the  names  of  the  persons  voting  for  and  against  the  bill 
shall  be  entered  on  the  journal  of  each  house  respectively.  If  any  bill 
shall  not  be  returned  by  the  President  within  ten  days  (Sundays  ex- 
cepted) after  it  shall  have  been  presented  to  him,  the  same  shall  be  a  lav/, 
in  like  manner  as  if  he  had  signed  it,  unless  the  Congress  by  their  adjourn- 
ment prevent  its  return,  in  which  case  it  shall  not  be  a  law. 

3.  Every  order,  resolution,  or  vote  to  which  the  concurrence  of  the 
Senate  and  House  of  Representatives  may  be  necessary  (except  on  a 
question  of  adjournment)  shall  be  presented  to  the  President  of  the 
United  States;  and  before  the  same  shall  take  effect,  shall  be  approved 
by  him,  or  being  disapproved  by  him,  shall  be  repassed  by  two  thirds 
of  the  Senate  and  House  of  Representatives,  according  to  the  rules  and 
limitations  prescribed  in  the  case  of  a  bill. 


CONSTITUTION  OF  THE  UNITED  STATES       233 

Section  8.   Powers  granted  to  Congress. 

The  Congress  shall  have  power: 

1.  To  lay  and  collect  taxes,  duties,  imposts  and  excises  to  pay  the 
debts  and  provide  for  the  common  defense  and  general  welfare  of  the 
United  States;  but  all  duties,  imposts  and  excises  shall  be  uniform 
throughout  the  United  States; 

2.  To  borrow  money  on  the  credit  of  the  United  States ; 

3.  To  regulate  commerce  with  foreign  nations,  and  among  the  several 
States,  and  with  the  Indian  tribes; 

4.  To  establish  an  uniform  rule  of  naturalization,  and  uniform  laws 
on  the  subject  of  bankruptcies  throughout  the  United  States; 

5.  To  coin  money,  regulate  the  value  thereof,  and  of  foreign  coin, 
and  fix  the  standard  of  weights  and  measures; 

6.  To  provide  for  the  punishment  of  counterfeiting  the  securities 
and  current  coin  of  the  United  States; 

7.  To  establish  post  offices  and  post  roads; 

8.  To  promote  the  progress  of  science  and  useful  arts,  by  securing 
for  limited  times  to  authors  and  inventors  the  exclusive  right  to  their 
respective  ^\Titings  and  discoveries; 

9.  To  constitute  tribunals  inferior  to  the  Supreme  Court ; 

10.  To  define  and  punish  piracies  and  felonies  committed  on  the  high 
seas,  and  offenses  against  the  law  of  nations; 

11.  To  declare  war,  grant  letters  of  marque  and  reprisal,  and  make 
rul(;s  concerning  captures  on  land  and  water; 

12.  To  raise  and  support  armies,  but  no  appropriation  of  money 
to  that  use  shall  be  for  a  longer  term  than  two  years; 

13.  To  provide  and  maintain  a  navy; 

14.  To  make  rules  for  the  government  and  regul-ation  of  the  land 
and  naval  forces; 

15.  To  provide  for  calling  forth  the  militia  to  execute  the  laws  of 
the  Union,  suppress  insurrection  and  repel  invasions; 

16.  To  provide  for  organizing,  arming,  and  disciplining,  tbe  militia, 
and  for  governing  such  part  of  them  as  may  be  employed  in  the  ser- 
vice of  the  United  States,  reserving  to  the  States  respectively,  the 
appointment  of  the  ofTic(>rs,  and  the  authority  of  training  the  militia 
according  to  the  discipline  prescribed  by  Congress; 

17.  To  exercise  exclusive  legislation  in  all  cases  whatsoever,  over  such 
district  (not  exceeding  ten  miles  square)  as  may,  by  cession  of  partic- 
ular States,  and  the  acceptance  of  Congress,  become  the  .seat  of  the 
Government  of  the  United  States,  and  to  exercise  like  authority  over 


234      CONSTITUTION  OF  THE  UNITED  STATES 

all  places  purchased  by  the  consent  of  the  legislature  of  the  State 
in  which  the  same  shall  be,  for  the  erection  of  forts,  magazines, 
arsenals,  dockyards,  and  other  needful  buildings;  and 

18.  To  make  all  laws  which  shall  be  necessary  and  proper  for  carry- 
ing into  execution  the  foregoing  powers,  and  all  other  powers  vested 
by  this  Constitution  in  the  Government  of  the  United  States,  or  in 
any  department  or  officer  thereof. 

Section  9.  Powers  denied  to  the  United  States. 

1.  The  migration  or  importation  of  such  persons  as  any  of  the  States 
now  existing  shall  think  proper  to  admit,  shall  not  be  prohibited  by  the 
Congress  prior  to  the  year  one  thousand  eight  hundred  and  eight,  but 
a  tax  or  duty  may  be  imposed  on  such  importation,  not  exceeding  ten 
dollars  for  each  person. 

2.  The  privilege  of  the  writ  of  habeas  corpus  shall  not  be  suspended, 
unless  when  in  cases  of  rebellion  or  invasion  the  public  safety  may 
require  it. 

3.  No  bill  of  attainder  or  ex  post  facto  law  shall  be  passed. 

4.  No  capitation,  or  other  direct,  tax  shall  be  laid,  unless  in  propor- 
tion to  the  census  or  enumeration  hereinbefore  directed  to  be  taken. 

5.  No  tax  or  duty  shall  be  laid  on  articles  exported  from  any  State. 

6.  No  preference  shall  be  given  by  any  regulation  of  commerce  or 
revenue  to  the  ports  of  one  State  over  those  of  another ;  nor  shall  vessels 
bound  to,  or  from,  one  State,  be  obliged  to  enter,  clear,  or  pay  duties 
in  another. 

7.  No  money  shall  be  drawn  from  the  Treasury,  but  in  consequence 
of  appropriations  made  by  law;  and  a  regular  statement  and  account 
of  the  receipts  and  expenditures  of  all  pubHc  money  shall  be  published 
from  time  to  time. 

8.  No  title  of  nobiUty  shall  be  granted  by  the  United  States ;  and  no 
person  holding  any  office  of  profit  or  trust  under  them,  shall,  without 
the  consent  of  the  Congress,  accept  of  any  present,  emolument,  office, 
or  title,  of  any  kind  whatever,  from  any  king,  prince,  or  foreign  State. 

Section  10.  Powers  denied  to  the  States. 

1.  No  State  shall  enter  into  any  treaty,  alliance,  or  confederation; 
grant  letters  of  marque  and  reprisal;  coin  money;  emit  bills  of  credit; 
make  anything  but  gold  and  silver  coin  a  tender  in  payment  of  debts; 


CONSTITUTION  OF  THE  UNITED  STATES       235 

pass  any  bill  of  attainder,  ex  post  facto  law,  or  law  impairing  the  obli- 
gation of  contracts,  or  grant  any  title  of  nobility. 

2.  No  State  shall,  without  the  consent  of  the  Congress,  lay  any  im- 
posts or  duties  on  imports  or  exports,  except  what  may  be  absolutely 
necessary  for  executing  its  inspection  laws;  and  the  net  produce  of  all 
duties  and  imposts,  laid  by  any  State  on  imports  or  exports,  shall  be 
for  the  use  of  the  Treasury  of  the  United  States ;  and  all  such  laws 
shall  be  subject  to  the  revision  and  control  of  the  Congress. 

3.  No  State  shall,  without  the  consent  of  Congress,  lay  any  duty  of 
tonnage,  keep  troops  or  ships  of  war  in  time  of  peace,  enter  into  any 
agreement  or  compact  with  another  State,  or  with  a  foreign  power,  or 
engage  in  war,  unless  actually  invaded,  or  in  such  imminent  danger  as 
will  not  admit  of  delay. 


ARTICLE  II.     EXECUTIVE  DEPARTMENT. 
Section  1.  President  and  Vice  President. 

1.  The  executive  power  shall  be  vested  in  a  President  of  the  United 
States  of  America.  He  shall  hold  his  office  during  the  term  of  four 
years,  and,  together  with  the  Vice  President,  chosen  for  the  same  ter^n, 
be  elected  as  follows : 

2.  Each  State  shall  appoint,  in  such  manner  as  the  legislature 
thereof  may  direct,  a  number  of  electors,  equal  to  the  whole  number 
of  Senators  and  Representatives  to  which  the  State  may  be  entitled 
in  the  Congress ;  but  no  Senator  or  Representative,  or  person  holding 
an  office  of  trust  or  profit  under  the  United  States,  shall  be  appointed 
an  elector. 

3.  (The  electors  shall  meet  in  thair  respective  States,  and  vote  V-yy 
ballot  for  two  persons,  of  whom  one  at  least  shall  not  be  an  inhabitant 
of  the  same  State  with  themselves.  And  they  shall  make  a  list  of  all 
the  persons  voted  for,  and  of  the  number  of  votes  for  each;  which  list 
they  shall  sign  and  certify,  and  transmit  sealed  to  the  seat  of  govern- 
ment of  the  United  States,  directed  to  the  President  of  the  Senate. 
The  President  of  the  Senate  shall,  in  the  presence  of  the  Senate  and 
House  of  Representatives,  open  all  the  certificates,  and  the  A'otes  shall 
then  be  counted.  The  person  having  the  greatest  number  of  votes 
shall  be  the  President,  if  such  number  be  a  majority  of  the  whole  num- 
ber of  electors  appointed;  and  if  there  be  more  than  one  who  have  such 
majority,  and  have  an  equal  number  of  votes,  then  the  House  of  Rep- 


236       CONSTITUTION  OF  THE  UNITED  STATES 

resentatives  shall  immediately  choose  by  ballot  one  of  them  for  Presi- 
dent; and  if  no  person  have  a  majority,  then  from  the  five  highest  on 
the  list  the  said  House  shall  in  like  manner  choose  the  President.  But 
in  choosing  the  President,  the  votes  shall  be  taken  by  States,  the  repre- 
sentation from  each  State  having  one  vote ;  a  quorum  for  this  purpose 
shall  consist  of  a  member  or  members  from  two  thirds  of  the  States, 
and  a  majority  of  all  the  States  shall  be  necessary  to  a  choice.  In 
every  case,  after  the  choice  of  the  President,  the  person  having  the 
greatest  number  of  votes  of  the  electors  shall  be  the  Vice  President. 
But  if  there  should  remain  two  or  more  who  have  equal  votes,  the 
Senate  shall  choose  from  them  by  ballot  the  Vice  President.  [Super- 
seded by  Amendment  XII.]) 

4.  The  Congress  may  determine  the  time  of  choosing  the  electors, 
and  the  day  on  which  they  shall  give  their  votes  ;  which  day  shall  be 
the  same  throughout  the  United  States. 

5.  No  person  except  a  natural  born  citizen,  or  a  citizen  of  the 
United  States,  at  the  time  of  the  adoption  of  this  Constitution,  shall  be 
eligible  to  the  office  of  President;  neither  shall  any  person  be  eligible 
to  that  office  who  shall  not  have  attained  to  the  age  of  thirty  five 
years,  and  been  fourteen  years  a  resident  within  the  United  States. 

6.  In  case  of  the  removal  of  the  President  from  office,  or  of  his  death, 
resignation,  or  inability  to  discharge  the  powers  and  duties  of  the  said 
office,  the  same  shall  de^'olve  on  the  Vice  President,  and  the  Congress 
may  by  law  provide  for  the  case  of  removal,  death,  resignation  or 
inability,  both  of  the  President  and  Vice  President,  declaring  what 
officer  shall  then  act  as  President,  and  such  officer  shall  act  accordingly, 
until  the  disability  be  removed,  or  a -President  shall  be  elected. 

7.  The  President  shall,  at  stated  times,  receive  for  his  services  a 
compensation,  which  shall  neither  be  increased  nor  diminished  during 
the  period  for  which  he  shall  have  lr>een  elected,  and  he  shall  not  receive 
within  that  period  any  other  emolument  from  the  United  States,  or 
any  of  them. 

8.  Before  he  enter  on  the  execution  of  his  office,  he  shall  take  the 
following  oath  or  affirmation: 

"  I  do  solemnly  swear  (or  affirm)  that  I  will  faithfully  execute  the 
office  of  President  of  the  United  States,  and  will  to  the  best  of  my 
ability  preserve,  protect  and  defend  the  Constitution  of  the  United 
States." 

Section  2.   Powers  of  the  President. 
1.  The  President  shall  be  Commander  in  Chief  of  the  army  and  navy 


CONSTITUTION  OF  THE  UNITED  STATES       237 

,  of  the  United  States,  and  of  the  militia  of  the  several  States,  when  culled 
into  the  actual  service  of  the  United  States;  he  may  require  the  opinion, 
in  writing,  of  the  principal  officer  in  each  of  the  executive  departments, 
upon  any  subject  relating  to  the  duties  of  their  respective  offices,  and 
he  shall  have  power  to  grant  reprieves  and  pardons  for  offenses  against 
the  United  States,  except  in  cases  of  impeachment. 

2.  He  shall  have  power,  by  and  with  the  advice  and  consent  of  the 
Senate,  to  make  treaties,  provided  two  thirds  of  the  Senators  pi'csent 
concur;  and  he  shall  nominate,  and  by  and  with  the  advice  and  consent 
of  the  Senate,  shall  appoint  ambassadors,  other  public  ministers  and 
consuls,  judges  of  the  Supreme  Court,  and  all  other  officers  of  the 
United  States,  whose  appointments  are  not  herein  otherwise  provided 
for,  and  which  shall  be  established  by  law;  but  the  Congress  may  bj^ 
law  vest  the  appointment  of  such  inferior  officers,  as  they  think 
proper,  in  the  President  alone,  in  the  courts  of  law,  or  in  the  heads  of 
departments. 

3.  The  President  shall  have  power  to  fill  up  all  vacancies  that  may 
happen  during  the  recess  of  the  Senate,  by  granting  commissions 
which  shall  expire  at  the  end  of  their  next  session. 

Section  3.  Duties  of  the  President. 

He  shall  from  time  to  time  give  to  the  Congress  information  of  the 
state  of  the  Union,  and  recommend  to  their  consideration  such  meas- 
ures as  he  shall  judge  necessarj'^  and  expedient;  he  may,  on  extra- 
ordinary occasions,  convene  both  houses,  or  either  of  them,  and  in  case 
of  disagreement  between  them,  with  respect  to  the  time  of  adjourn- 
ment, he  may  adjourn  them  to  such  time  as  he  shall  think  proper  ; 
he  shall  receive  ambassadors  and  other  public  ministers  ;  he  shall 
take  care  that  the  laws  be  faithfully  executed,  and  shall  commission 
all  the  officers  of  the  United  States. 

Section  4.   Impeachment. 

The  President,  Vice  President,  and  all  civil  officers  of  the  United 
States,  shall  be  removed  from  office  on  impeachment  for,  and  convic- 
tion of,  treason,  bribery,  or  other  high  crimes  and  misdemeanors. 


ARTICLE  III.     JUDICIAL  DEPARTMENT. 
Section  1.  United  States  Courts. 
The  judicial  power  of  the   United  States,  shall  be  vested  in  one 


238       CONSTITUTION  OF  THE  UNITED  STATES 

Supreme  Court,  and  in  such  inferior  courts  as  the  Congress  may  from 
time  to  time  ordain  and  estabhsh.  The  judges,  both  of  the  supreme 
and  inferior  courts,  shall  hold  their  offices  during  good  behavior, 
and  shall,  at  stated  times,  receive  for  their  services,  a  compensation, 
which  shall  not  be  diminished  during  their  continuance  in  office. 


Section  2.  Jurisdiction  of  the  United  States  Courts. 

1.  The  judicial  power  shall  extend  to  all  cases,  in  law  and  equity, 
arising  under  this  Constitution,  the  laws  of  the  United  States,  and 
treaties  made,  or  which  shall  be  made,  under  their  authority;  to  all 
cases  affecting  ambassadors,  other  public  ministers  and  consuls  ;  to 
all  cases  of  admiralty  and  maritime  jurisdiction;  to  controversies  to 
which  the  United  States  shall  be  a  party;  to  controversies  between 
two  or  more  States;  between  a  State  and  citizens  of  another  State; 
between  citizens  of  different  States,  between  citizens  of  the  same  State 
claiming  lands  under  grants  of  different  States,  and  between  a  State, 
or  the  citizens  thereof,  and  foreign  States,  citizens  or  subjects. 

2.  In  all  cases  affecting  ambassadors,  other  public  ministers  and 
consuls,  and  those  in  which  a  State  shall  be  a  party,  the  Supreme  Court 
shall  have  original  jurisdiction.  In  all  the  other  cases  before  men- 
tioned the  Supreme  Court  shall  have  appellate  jurisdiction,  both  as 
to  law  and  fact,  with  such  exceptions,  and  under  such  regulations  as 
the  Congress  shall  make. 

3.  The  trial  of  all  crimes,  except  in  cases  of  impeachment,  shall  be 
by  jury;  and  such  trial  shall  be  held  in  the  State  where  the  sflid  crime 
shall  have  been  committed ;  but  when  not  committed  within  any  State, 
the  trial  shall  be  at  such  place  or  places  as  the  Congress  may  by  law 
have  directed. 

Section  3.  Treason. 

1.  Treason  against  the  United  States,  shall  consist  onlj^  in  Ie\'ying 
war  against  them,  or  in  adhering  to  their  enemies,  giving  them  aid 
and  comfort.  No  person  shall  be  convicted  of  treason  unless  on  the 
testimony  of  two  witnesses  to  the  same  overt  act,  or  on  confession 
in  open  court. 

2.  The  Congress  shall  have  power  to  declare  the  punishment  of 
treason,  but  no  attainder  of  treason  shall  work  corruption  of  blood,  or 
forfeiture  except  during  the  life  of  the  person  attainted. 


CONSTITUTION  OF  THE  UNITED  STATES       239 


ARTICLE   IV,     THE   STATES   AND   THE   FEDERAL 
GOVERNMENT. 

Section  1.  State  Records. 

Full  faith  and  credit  shall  be  given  in  each  State  to  the  public  acts, 
records,  and  judicial  proceedings  of  every  other  State.  And  the  Con- 
gress may  bj'  general  laws  prescribe  the  manner  in  which  such  acts, 
records  and  proceedings  shall  be  proved,  and  the  effect  thereof. 

Section  2.  Privileges  of  Citizens,  etc. 

1.  The  citizen  of  each  State  shall  be  entitled  to  all  privileges  and 
immunities  of  citizens  in  the  several  States. 

2.  A  person  charged  in  any  State  with  treason,  felony,  or  other 
crime,  who  shall  flee  from  justice,  and  be  found  in  another  State,  shall, 
on  demand  of  the  executive  authority  of  the  State  from  which  he  fled, 
be  delivered  up,  to  be  removed  to  the  State  having  jurisdiction  of  the 
crime. 

3.  No  person  held  to  service  or  labor  in  one  State,  under  the  laws 
thereof,  escaping  into  another,  shall,  in  consequence  of  anj'  law  or 
regulation  therein,  be  discharged  from  such  service  or  labor,  but  shall 
be  delivered  up  on  claim  of  the  party  to  whom  such  service  or  labor 
may  be  due. 

Section  3.  New  States  and  Territories. 

1.  New  States  may  be  admitted  by  the  Congress  into  this  Union; 
but  no  new  State  shall  be  formed  or  erected  within  the  jurisdiction  of 
any  other  State;  nor  any  State  be  formed  by  the  junction  of  two  or 
more  States,  or  parts  of  States,  without  the  consent  of  the  legislatures 
of  the  States  concerned  as  well  as  of  the  Congress. 

2.  The  Congress  shall  have  power  to  dispose  of  and  make  all  needful 
rules  and  regulations  respecting  the  territory  or  other  property 
belonging  to  the  United  States;  and  nothing  in  this  Constitution  shall 
be  so  construed  as  to  prejudice  any  claims  of  the  United  States,  or  of 
any  particular  State. 

Section  4.  Guarantee  to  the  States. 

The  LTnited  States  shall  guarantee  to  every  State  in  this  Union  a 
republican  form  of  government,  and  shall  protect  each  of  them  against 
invasion,  and  on  application  of  the  legislature,  or  of  the  executive 
(when  the  legislature  cannot  be  convened)  against  domestic  \'iolence. 


240       CONSTITUTION   OF  THE  UNITED  STATES 

ARTICLE  V.     POWER  OF  AMENDMENT. 

The  Congress,  whenever  two  thirds  of  both  houses  shall  deem  it 
necessary,  shall  propose  amendments  to  this  Constitution,  or,  on  the 
application  of  the  legislatures  of  two  thirds  of  the  several  States,  shall 
call  a  convention  for  proposing  amendments,  which,  in  either  case,  shall 
be  valid  to  all  intents  and  purposes,  as  part  of  this  Constitution,  when 
ratified  by  the  legislatures  of  three  fourths  of  the  several  States,  or  by 
conventions  in  three  fourths  thereof,  as  the  one  or  the  other  mode  of 
ratification  may  be  proposed  by  the  Congress  ;  provided  that  no  amend- 
ments which  may  be  made  prior  to  the  year  one  thousand  eight  hun- 
dred and  eight  shall  in  any  manner  affect  the  first  and  fourth  clauses 
in  the  ninth  section  of  the  first  article ;  and  that  no  State,  without  its  con- 
sent, shall  be  deprived  of  its  equal  suffrage  in  the  Senate. 

ARTICLE  VI.     PUBLIC  DEBT,  SUPREMACY  OF  THE 
CONSTITUTION,    OATH   OF  OFFICE,    RELIGIOUS   TEST. 

1.  All  debts  contracted  and  engagements  entered  into,  before  the 
adoption  of  this  Constitution,  shall  be  as  valid  against  the  United 
States  under  this  Constitution  as  under  the  Confederation. 

2.  This  Constitution,  and  the  laws  of  the  LTnited  States  which  shall 
be  made  in  pursuance  thereof  ;  and  all  treaties  made,  or  which  shall  be 
made,  under  the  authority  of  the  LTnited  States,  shall  be  the  supreme 
law  of  the  land;  and  the  judges  in  every  State  shall  be  bound  thereby, 
anything  in  the  Constitution  or  laws  of  any  State  to  the  contrary 
notwithstanding. 

3.  The  Senators  and  Representatives  before  mentioned,  and  the 
members  of  the  several  State  legislatures,  and  all  executive  and  judicial 
officers,  both  of  the  United  States  and  of  the  several  States,  shall  be 
bound  by  oath  or  affirmation,  to  support  this  Constitution;  but  no 
religious  test  shall  ever  be  required  as  a  qualification  to  any  office  or 
public  trust  under  the  United  States. 


ARTICLE  VII.     RATIFICATION  OF  THE  CONSTITUTION. 

The  ratification  of  the  convention  of  nine  States,  shall  be  sufficient 
for  the  estabfishment  of  this  Constitution  between  the  States  so 
ratifying  the  same. 


CONSTITUTION  OF  THE  UNITED  STATES       241 


AMENDMENTS. 

ARTICLE  I. 

Cong^ress  shall  make  no  law  respecting  an  establishment  of  religion, 
or  prohibiting  the  free  exercise  thereof;  or  abridging  the  freedom  of 
speech,  or  of  the  press;  or  the  right  of  the  people  peaceably  to  as- 
semble, and  to  petition  the  government  for  a  redress  of  grievances. 

ARTICLE  II. 

A  well-regulated  militia,  being  necessary  to  the  securit}'  of  a  free 
state,  the  right  of  the  people  to  keep  and  bear  arms,  shall  not  be 
infringed. 

ARTICLE  III. 

No  soldier  shall,  in  time  of  peace,  be  quartered  in  any  house,  without 
the  consent  of  the  owner,  nor  in  time  of  war,  but  in  a  manner  to  be 
prescribed  by  law. 

ARTICLE  IV. 

The  right  of  the  people  to  be  secure  in  their  persons,  houses,  papers, 
and  effects,  against  unreasonable  searches  and  seizures,  shall  not  be 
violated,  and  no  warrants  shall  issue,  but  upon  probable  cause,  sup- 
ported by  oath  or  affirmation,  and  particularly  describing  the  place 
to  be  searched,  and  the  person  or  things  to  be  seized. 

ARTICLE  V. 

No  person  shall  be  held  to  answer  for  a  capital,  or  otherwise  infamous 
crime,  unless  on  a  presentment  or  iiulictment  of  a  grand  jury,  except  in 
cases  arising  in  the  land  or  na\al  forces,  or  in  the  militia,  when  in 
actual  service  in  time  of  war  or  public  danger;  nor  shall  any  person 
be  subject  for  the  same  offense  to  be  twice  put  in  jeopardj'  of  life  or 
limb ;  nor  shall  be  compelled  in  any  criminal  case  to  be  a  witness 
against  himself,  nor  be  deprived  of  life,  liberty,  or  property,  without 
due  process  of  law;  nor  shall  private  property  be  taken  for  public  use 
•uathout  just  compensation. 

ARTICLE  VI. 

In  all  criminal  prosecutions  the  accused  shall  enjoy  the  right  to  a 
speedy  and  public  trial,  by  an  impartial  jury  of  the  state  and  district 
wherein  the  crime  shall  have  been  committed,   which  district  shall 
16 


242       CONSTITUTION  OF  THE  UNITED  STATES 

have  been  previously  ascertained  by  law,  and  to  be  informed  of  the 
nature  and  cause  of  the  accusation;  to  be  confronted  with  the  witnesses 
against  liim ;  to  have  compulsory  process  for  obtaining  witnesses  in  his 
favor,  and  to  have  the  assistance  of  counsel  for  his  defense. 

ARTICLE  VII. 

In  suits  at  common  law,  where  the  value  in  cont^o^'ersy  shall  exceed 
twenty  dollars,  the  right  of  trial  by  jury  shall  be  preserved,  and  no 
fact  tried  by  a  jury,  shall  be  otherwise  reexamined  in  anj^  court  of  the 
United  States,  than  according  to  the  rules  of  the  common  law. 

ARTICLE  VIII. 

Excessive  bail  shall  not  be  required,  nor  excessive  fines  imposed,  nor 
cruel  and  unusual  punishments  inflicted. 

ARTICLE  IX. 

The  enumeration  in  the  Constitution,  of  certain  rights,  shall  not  be 
construed  to  deny  or  disparage  others  retained  by  the  people. 

ARTICLE   X. 

The  powers  not  delegated  to  the  United  States  by  the  Constitution, 
nor  prohibited  by  it  to  the  States,  are  reserved  to  the  States  respec- 
tively, or  to  the  people. 

ARTICLE  XI. 

The  judicial  power  of  the  United  States  shall  not  be  construed  to 
extend  to  any  suit  in  law  or  equity,  commenced  or  prosecuted  against 
one  of  the  United  States  by  citizens  of  another  State,  or  by  citizens 
or  subjects  of  any  foreign  State. 

ARTICLE  XII. 

L  The  electors  shall  meet  in  their  respective  States,  and  vote  by 
ballot  for  President  and  Vice-President,  one  of  whom,  at  least,  shall 
not  be  an  inhabitant  of  the  same  State  with  themselves;  they  shall 
name  in  their  ballots  the  person  voted  for  as  President,  and  in  distinct 
ballots  the  person  voted  for  as  Vice-President,  and  they  shall  make 
distinct  lists  of  all  persons  voted  for  as  President,  and  of  all  persons 
voted  for  as  Vice-President,  and  of  the  number  of  votes  for  each, 
which  lists  they  shall  sign  and  certify,  and  transmit  sealed  to  the  seat  of 


CONSTITUTION  OF  THE  UNITED  STATES       243 

the  government  of  the  United  States,  directed  to  the  President  of  the 
Senate;  the  President  of  the  Senate  shall,  in  the  presence  of  the  Sen- 
ate and  House  of  Representatives,  open  all  the  certificates  and  the 
votes  shall  then  be  counted;  the  person  having  the  greatest  number 
of  votes  for  President,  shall  be  the  President,  if  such  number  be  a 
majority  of  the  whole  number  of  electors  appointed ;  and  if  no  person 
have  such  majority,  then  from  the  persons  having  the  highest  numbers 
not  exceeding  three  on  the  list  of  those  voted  for  as  President,  the 
House  of  Representatives  shall  choose  immediately,  by  ballot,  the 
President.  But  in  choosing  the  President,  the  votes  shall  be  taken  by 
States,  the  representation  from  each  State  having  one  vote ;  a  quorum 
for  this  purpose  shall  consist  of  a  member  or  members  from  two-thirds 
of  the  States,  and  a  majority  of  all  the  States  shall  be  necessary  to  a 
choice.  And  if  the  House  of  Representatives  shall  not  choose  a  Presi- 
dent whenever  the  right  of  choice  shall  devolve  upon  them,  before  the 
fourth  day  of  March  next  following,  then  the  Vice-President  shall  act 
as  President,  as  in  the  case  of  the  death  or  other  constitutional 
disability  of  the  President. 

2.  The  person  having  the  greatest  number  of  votes  as  Vice-President, 
shall  be  the  Vice-President,  if  such  number  be  a  majority  of  the  whole 
number  of  electors  appointed,  and  if  no  person  have  a  majority,  then 
from  the  two  highest  mmibers  on  the  list,  the  Senate  shall  choose  the 
Vice-President;  a  quorum  for  the  purpose  shall  consist  of  two-thirds 
of  the  whole  number  of  Senators,  and  a  majority  of  the  whole  number 
shall  be  necessarj^  to  a  choice. 

3.  But  no  person  constitutionally  ineligible  to  the  office  of  President 
shall  be  eligible  to  that  of  Vice-President  of  the  United  States. 

ARTICLE  XIII. 

1.  Neither  slavery  nor  involuntary  servitude,  except  as  a  punish- 
ment for  crime  whereof  the  party  shall  have  been  dul>'  convicted,  shall 
exist  within  the  United  States,  or  any  place  subject  to  their  jurisdiction. 

2.  Congress  shall  have  authority  to  enforce  this  article  by  appro- 
priate legislation. 

ARTICLE  XIV. 

1.  All  persons  born  or  naturalized  in  the  United  States,  and  subject 
to  the  jurisdiction  thereof,  are  citizens  of  the  United  States  and  of  the 
State  wherein  they  reside.  No  State  shall  make  or  enforce  any  law 
which  shall  abridge  the  privileges  or  inmiunities  of  citizens  of  the 
United  States;  nor  shall  any  State  deprive  any  person  of  life,  liberty. 


244       CONSTITUTION  OF  THE  UNITED  STATES 

or  property,  without  due  process  of  law,  nor  deny  to  any  person  within 
its  jurisdiction  the  equal  protection  of  the  laws. 

2.  Representatives  shall  be  apportioned  among  the  several  States 
according  to  their  respective  numbers,  counting  the  whole  number  of 
persons  in  each  State,  excluding  Indians  not  taxed.  But  when  the 
right  to  vote  at  any  election  for  the  choice  of  electors  for  President 
and  Vice  President  of  the  United  States,  Representatives  in  Congress, 
the  executive  and  judicial  officers  of  a  State,  or  the  members  of  the 
legislature  thereof,  is  denied  to  any  of  the  male  inhabitants  of  suct 
State,  being  twenty-one  years  of  age,  and  citizens  of  the  United  States- 
or  in  any  way  abridged,  except  for  participation  in  rebellion  or  othet 
crime,  the  basis  of  representation  therein  shall  be  reduced  in  the  pro- 
portion which  the  number  of  such  male  citizens  shall  bear  to  the  whole 
number  of  male  citizens  twenty-one  years  of  age  in  such  State. 

3.  No  person  shall  be  a  Senator  or  Representative  in  Congress,  or 
elector  of  President  and  Vice  President,  or  hold  any  office,  civil  or 
military,  under  the  United  States,  or  under  any  State,  who,  having 
previously  taken  an  oath,  as  a  member  of  Congress,  or  as  an  officer  of 
the  United  States,  or  as  a  member  of  any  State  legislature,  or  as  an 
executive  or  judicial  officer  of  any  State,  to  support  the  Constitution 
of  the  United  States,  shall  have  engaged  in  insurrection  or  rebellion 
against  the  same,  or  given  aid  or  comfort  to  the  enemies  thereof.  But 
Congress  may,  by  a  vote  of  two-thirds  of  each  house,  remove  such 
disability. 

4.  I'he  validity  of  the  public  debt  of  the  United  States,  authorized 
by  law,  including  debts  incurred  for  payment  of  pensions  and  bounties 
for  services  in  suppressing  insurrection  or  rebellion,  shall  not  be 
questioned.  But  neither  the  United  States  nor  any  State  shall  assume 
or  pay  any  debt  or  obligation  incurred  in  aid  of  insurrection  or 
rebellion  against  the  United  States,  or  any  claim  for  the  loss  or  emanci- 
pation of  any  slave ;  but  all  such  debts,  obligations,  and  claims  shall  be 
held  illegal  and  void. 

5.  The  Congress  shall  have  power  to  enforce,  by  appropriate  legis- 
lation, the  provisions  of  this  article. 

ARTICLE  XV. 

1.  The  right  of  citizens  of  the  United  States  to  vote  shall  not  be 
denied  or  abridged  by  the  United  States  or  by  any  State  on  accoum 
of  race,  color,  or  previous  condition  of  servitude. 

2.  The  Congress  shall  have  power  to  enforce  this  article  Dy  appro- 
priate legislation. 


INDEX 


PAGE 

Acceptor _ 211 

Accessory  to  a  crime 215 

Actions,  Legal 163 

Acts  of  Trade 25 

Adjournment.     See  Congress 

Admiralty  Law 162 

Administrators 213 

Admission  of  new  States 178 

Agency 209 

Aliens 192 

Ambassadors 137 

Amendment  XII 123 

Amendment  XIII 187 

Amendment  XIV 61 

Amendment  XV 188 

Amendments 182,  183 

Amnesty 132 

Annapolis  Convention 40 

Annual  Message   148 

Appointments 129 

Apportionment 60 

Appropriations 109 

Arbitration,  International 193 

Aristocracy     10,  12 

Armistice 133,  196 

Army 102 

salaries  and  terms  of  officers  of  169 

Arrest 217 

Arson, 217 

Articles  of  Confederation,  adopted.  32 

attempts  to  amend 39 

government  under 39 

outline  of   3.5 

Articles  of  Impeachment 156 

Assaults 215.  216 

Attainder,  Bills  of 109 

Attorney-General 145 

Autocracy 10 

Bail 186 

Bailment 209 

Bank 142 

Bankrupt 100 

Bankruptcy 1 00 

Law  defined 100 

National,  Laws 99 

proceedings  in 100 

State,  Laws 101 

Belligerency,  Recognition  of 196 

Belligerents 104 

Communications  between.    .  .  .  19.5 
Obligations  of  neutrals  and, to 

each  other 196 

Bigamv   217 

Bill,  .Joint 79 

of  Pains  and  Penalties 110 


Bill  of  Righta.  pa^.e. 

American 183 

English 23 

BUls 77 

for  raising  revenue ._  116 

passed  over  "  President's  veto'"  1 IH 

of  Attainder 109 

of  Credit 112 

of  E.xchange.' 211 

Blockade 197 

Bond  and  Mortgage 207 

Borrowing  power  of  Congress 88 

Bribery 1.58 

Burglary 217 

Cabinet,  appointment  of 134 

defined  7 

in  England  and  United  States  .  135 

meetings  of 13.5 

origin  of 134 

Call  of  the  House 74 

Capture  at  Sea 196 

Cartels 195 

Caveat 93 

Census 62,  bb,  146 

Cession 191 

Charges  d'Affaires 138 

Charter  Governments 43 

Charter  of  Liberties 20 

Plymouth  and    London  Com- 
panies       22 

Charters  of  Corporations 210 

Chattel    Mortgages 208 

Chattels 203 

Checks 211 

Circuit  Courts, 

circuits  and  judges  of 160 

original  jurisdiction  of 165 

Circuit  Courts  of  Appeal, 

composition  of 160 

jurisdiction  of 166 

Citizens   13 

effect  of  war  on 195 

rights  of 98,    172 

Citizenship,  determination  of 97 

Nation.al 96 

of  resident  of  a  Territory 177 

Civil  Action 163 

Civil  Officers  defined 157 

Civil  Rights 202 

(^ivil  Service  .\ct 130 

Civil  Service  Reform 130 

Civil  War  defined 194 

Classified  Civil  Service 1.30,  142 

Clearance  of  Vessels 86 

Coast  Survey 142 

Codicils 213 


246 


INDEX 


PAGE 

Coinage,  State  not  to  engage  in ...  .  112 
under    direction    of    Treasury 

Departnaent 141 

Collateral  Security 207 

Collectors  of  Custom.s 84 

Collection  of  Revenues 84,  141 

Colonial  Governments 42 

Colonies,  Classification  of 42 

Commerce 85 

Commerce,  Colonial 25 

demoralized  state  of 40 

Concmorce,  Inter.<;tate 87 

Commercial  Agents 140 

Commissions,  International 193 

Commissioner  of  Labor   147 

Committee   of  States 35 

Committee  of  the  Whole 78 

Committees  in  Congress 75,  77 

Committees  of  Correspondence. ...  28 

Common  Law  defined 162 

Commons,  House  of,  first 21 

permanently  established 22 

Commonwealth 13 

Commutation  of  Sentence 132 

Concurrent  Resolution 79 

Confederacies  defined 9 

monarchical 15 

republican 16 

Confederacy,  Executive  of  the.  .  .  .  120 
Confederation,     Articles     of.     See 
Articles  of  Confederation. 

Conference  Committees 80 

Confiscation 6 

Congress 56 

adjournments  of,  limited  ....  71 

committees  of 75 

constitutionality  of  acts  of  .  .  80 

detention  of  members  of 70 

executive  departments  created 

by 134 

general  powers  of 105 

Houses  of,  contrasted 64 

implied  powers  of 105 

interaction  of  Houses  of 79 

journals  of 79 

legislative  powers  of 80 

Librarian  of 147 

limitations  on  powers  of 80 

organization    and    method    of 

work  of 71 

place  of  meeting  of 63 

power  of,  over  acquired  terri- 
tory   176 

power  of,  over  jurisdiction  of 

courts 165 

power  of  President  to  convene .  134 

power  of,  to  admit  new  States  .  178 

prohibitions  on  legislation  of.  .  107 

relations  of  President  to 117 

representation  in 58,  62 

sessions  of 62 

territorial  delegates  in 68 

See  also  Continental  Congress; 
House  of  Representatives; 
Representatives;  Senate;  Sen- 
ators. 

Congress  of  the  Confederacy 35 


PAGE 

Congress,  Stamp  Act 26 

Congressional  Districts 64,  66 

Congressional  Record 79 

Connecticut  Compromise 57 

Conscription 6 

Consideration 206 

Constitution  defined 7,  8 

Constitution,  Federal,  difference  be- 
tween Confederation  and. ...  54 

method  of  amending 182 

objections  to 50 

origin  of 52 

preamble  to .  52 

ratification  of 182 

ratified 51 

Constitutional  Convention  called. .  .  40 

prominent  delegates  to 46 

statesmen  absent  from 48 

Constitutionality 80 

Consular  Agents 140 

Consular  Service 139 

grades  of 139 

Consuls 140 

Consuls-General 140 

Continental   Congress,   First 29 

Continental  Congress,  Second 30 

Contraband  of  War 197 

Contracts 113,  205 

conditions  necessary  for.  .....  205 

obligation   of,    not   to   be   im- 
paired by  States 113 

of  agency 209 

of  indorsement   211 

of  insurance 210 

of  marriage   213 

of  partnership 209 

of  sale 208 

oral 206 

under  seal    206 

violations  of 212 

written 206 

Convention  (treaty) 132 

Copyrights 93 

infringement  of 94 

issued    by    Librarian    of   Con- 
gress    147 

method  of  securing 94 

Corporations 210 

Council  of  State 7 

Counterfeiting 90 

Court  of  Claims 161 

jurisdiction  of 166 

Court    of   Impeachment.     See   Im- 
peachment. 

Court  Officers 161 

Courts.  See  Supreme  Court;  In- 
ferior Courts;  District  Courts; 
Circuits  Courts;  Circuit  Courts  of 
Appeal;  Court  of  Claims. 

Crime 215 

a  capital,    defined 185 

an  infamous,  defined 185 

Crimes,  against  persons 216 

against  property 217 

against  the  state 215 

Criminal  Action 163 

trial  by  jury  in 165 


INDEX 


247 


PAGE 

Crown  Colonies 42 

Custom  Houses 84 

Customs.     See  Duties. 

Debate,  Freedom  of 71 

Declaration  of  Independence 31 

Declaratory  Act 27 

Deeds 206 

recording 200,  208 

Delegates  to  Congress 68 

Democracy  defined 13 

pure 13 

representative 13 

Department  of  Agriculture 146 

of  Justice 145 

of  State 136 

of  the  Interior 146 

Despotism 10 

Diplomacy 137 

Diplomatic  Agents 137 

Diplomatic  Commissioners 138 

Diplomatic  Privileges 138 

Diplomatic  Relations,  severance  of.  139 

Diplomatic  Service 137 

Direct  Taxes  levied 85 

Directors  of  Corporations 210 

District  Attorneys 161 

District  Courts.  . 160 

original  jurisdiction  of 165 

District  of  Columbia 178 

Di\'orce   213 

Domiciled  Alien  192 

Drafts 211 

Duties,  collection  of 84 

export,  prohibited 88 

specific  and  ad  valorem 83 

States  not  to  levy  certain.  ...  114 

tonnage 114 

Election,   of  President    and    Vice- 
President 121,  128 

of  Presidential  electors 124 

of  Senators    and    Representa- 
tives       64 

Elections,   Review  of 68 

Electoral       College.        See      Presi- 
dential   Electors. 

Electoral  Votes,  Counting  of 125 

EmVjargoes 194 

Eminent  Domain,  Right  of 187 

Entrv  of  Vessels 86 

Equity 1 62 

Estate 203 

for  life 203 

for  years 204 

in  dower 204 

in  fee 203 

Estates  in  personal  property 204 

in   real   property 203 

Eviction 204 

Excises 83.  85 

Executive. 120 

fear  of,  in  State  governments.  .     44 

number  of 121 

reason  for  a  separate 120 

imder  the  Confederation 120 


PAGE 

Executive  Departments  created  by 

Congress 134 

official   heads   of 136 

when  created 135 

See    aho    wider    their    respective 
names. 

Executive  Function 7 

Executive  Sessions 131 

Executors   213 

Exequaturs 139 

Expatriation 192 

Ex  Post  F'acto  Laws 110 

prohibited 109 

Extradition 173,  192 

Federal,    Meaning  of 49 

Federal  Governments 9 

Federal  Principle 17 

Federal  Territory 104,  174 

Federalist,  The 51 

Felonies 215 

Filibustering 78 

Foreclosure  of  a  Mortgage 207 

Franchise 203,  210 

Frank  and  franking  privilege 92 

Franklin,  Benjamin 47 

Fraud 215 

Free   Coinage 144 

Freedmen 188 

Freedom  of  Religion  and  Press. . . .  183 

Free  Trade 84 

Fugitive  Slaves 173 

Fugitives  from  Justice 173,  192 

Gerrymandering 66 

Government 5,6 

branches  of 7 

in   a   republic 14 

ministr.v  termed 7 

of   a   State.     See  State   Gov- 
ernments. 

of  a  Territory 176 

of  District  of  Columbia 178 

plans  of,   discussed   in  Consti- 
tutional Convention 48 

powers  of 6 

revolutionary,  defined 32 

system  of,  under  Confederation 

35,39 

Governments 9 

aristocratic   12 

confederated 9 

democratic 13 

hierarchical 12 

monarchical 10 

patriarchal 10 

single 9 

theocratic 10 

Governments  of  the  Colonies 42 

Grand  Jury 185 

Grand  Larceny 217 

Grantee 206 

Grantor 206 

Greenbacks 144 

Guarantor 208 

Guaranty ^Q? 


248 


INDEX 


PAGE 

Guardians 214 

Habeas  Corpus ^2 

not  to  be  suspended 108 

Habeas  Corpus  Act 22 

Hamilton,  Alexander 47 

Hierarchies 12 

High  Crimes 158 

High  Seas 95,  191 

Hostilities,   Conduct  of 195 

Homicide 216 

House  of  Commons.    See  Commons, 
House  of. 

House  of  Representatives 56 

change  in 63 

Committee  of  the  Whole  in.  .  .  78 

committees  of 75 

drawing  seats  in. ..... 75 

formalities  of  organization  of.  .  74 

increase  in  membership  of .  .  .  .  62 

officers  of 72 

rules  of 77 

special  powers  of 116 

similarity  of,  to  House  of  Com- 
mons   72 

Husband  and  Wife 213 

Impeachment 156 

conviction  under  an 158 

grounds  of 158 

House's  sole  power  of 117 

origin  of 1 57 

power  of 155 

procedure  on 157 

Senate's  sole  power  to  try  cases 

of 117 

Implied  Powers  of  Congress.  ......  105 

Imposts.     See  Duties. 

Inauguration  of  President 125 

Indictment    185 

Indorsement 211 

Inferior  Courts   159 

jurisdiction  of 1''5 

Insolvent 100 

Inspectors  of  Customs 84 

Insurance 210 

policv  of 211 

Internal  Revenue 85 

International  .Arbitration 193 

Intern.Ttionnl  ("ommiss'ons 193 

International  Law 190 

Interstate  Commerce 87 

Interstate  Commerce  Commission..  147 

Intervention 191 

Intestate 212 

Joint  Bill 79 

Joint  Resolution 79 

Joint  High  Commissions 193 

.lournals  of  Congress 79 

Judgments  of  one  State  in  another.    172 

Judicial  Function  defined 7 

Judiciarv 151 

divisions  of 156 

establishment  of 155 

independence  of 155 

limitations  on 163 


PAGie 

Judiciary,  necessity  of  a  National.  154 

of  the  Confederacy 154 

Jurisdiction 162 

appellate 162 

concurrent 162 

limitations  of,  as  to  parties.  .  .  163 

limitations  of,  as  to  penalties.  164 

limitations  of,  as  to  subject .  .  163 

of  Circuit  Courts 165 

of  Circuit  Courts  of  Appeal.  . .  166 

of  Court  of  Claims 166 

of  District  Courts 165 

of  Supreme  Court 164 

original 162 

Jurisprudence,  Origin  of  American .  162 

Jury  Trial,  in  civil  action 187 

in  criminal  action 165,186 

Landlord 204 

Larceny 217 

Law 4,  5 

admiralty 162 

common 162 

military 103 

municipal 202 

Salic 11 

statute 162 

supreme,  of  the  land 181 

unwritten 162,  202 

written 162,202 

Laws  of  Nations 95,  190 

Laws,  making,  interpreting  and  en- 
forcing          7 

Lease 204 

Legal  Tender 143 

States  not  to  make  anything, 

but  gold  and  silver 112 

Legislation,  method  of 77 

Lee,  Richard  Henry,  Resolution  by.     30 

Legislative  Function  defined 7 

Legislative  Powers.     See  Congress. 
Legislature,     National.     See    Con- 
gress. 

teS::::::;:::::::;;;:::::::::i 

Letters  of  Marque  and  Reprisal .  .  .    196 
not  to  be  granted  by  States.  . .    112 

Letters  Patent 93 

Libel 202,210 

Liberty,  Personal 203 

Librarian  of  Congress 147 

Liens...    ..,.    21- 

mechanics - 1 - 

Life-saving  Service J"*- 

I,ighthouse  Service 1^^ 

Location -09 

Long  Session o-^ 

Loose  Constructionists 81 

Mace 73 

Madison.  James ^^ 

Magna  Charta 20 

Mails,  use  of,  limited 9- 

Manslaughter ~>\} 

Marriage 213 

Master  and  Servant   214 

Mechanic's  Liens -1- 


INDEX 


249 


PAGE 

Messages  of  President 148 

Military  Law 103 

Military  Powers  of  Congress 101 

of  President 129 

Militia 103 

Ministers  Plenipotentiary 137 

Resident 138 

Ministry  defined 7 

Mints 90 

Misdemeanors 158,  215 

Mixed  Commissions 193 

Monarchies 10 

absolute 10 

constitutional 11 

division  of,  as  to  powers 10 

division  of,  as  to  succession  ...  11 

elective 11 

hereditary H 

limited 11 

Monetary  System 89 

Monroe  Doctrine 191 

Morris,  Gouverneur 48 

Mortgagee 207 

Mortgages 207 

chattel 208 

foreclosure  of 207 

recording 208 

Mortgagor 207 

Municipal  Law 202 

Murder 216 

Nation  defined 4 

National  Banks 142 

government  supervision  of.. .  .    143 
liabilities  of  stockholders  of .  .  .    143 

organization  of 142 

National  Bank  Notes 144 

issuance  of 142 

National  Credit 181 

National  Income 85 

National  Protection  of  States 170 

Naturalization 97,  192 

Navy   102 

Navy  Department   145 

Negotiable  Paper 211 

Neutral  Trade 197 

Neutrality 196 

Neutrals' 194 

obligations  of,  and  belligerents 

to  each  other 196 

New  Jersey  Plan 49 

Congress  in  the 57 

Nobility 10 

titles  of,  prohibited Ill 

Norman  Conquest,  Effect  of 19 

Northwest  Territory 33 

delays  ratification  of  Articles..     33 

iniluence  of,  on  Union 40 

New  York  cedes  claims  to.  .  .  .      34 
Virginia  cedes  claims  to 34 

Oath 69 

Iron  Clad 69 

of  Federal  and  State  officers .  . 

69.75,  182 

Oti8,  James,  on  Writs  of  Assistance.     26 


PAGE 

Pardons 132 

examined  by  Attorney  General.   145 

Parent  and  Child 214 

Parliament  in  18th  Century 56 

Partnership 209 

Passports 136 

Patent  (for  land) 204 

Patent,  Letters 93 

Patents 93 

infringement  of 94 

issuance  of 146 

Peace  made  by  Treaty 133 

Peers 21 

Pensions 146 

People,  Powers  reserved  to 187 

Person 163 

Persona  Grata 139 

Persona  non  Grata 138 

Personal  Liberty 203 

Personal  Property 203 

Personal  Security 202 

Petit  Jury 186 

Petit  Larceny 217 

Piracy 95 

Pocket  Veto 119 

Policy  of  Insurance 211 

Polygamy  184 

Ports  of  Entry 84 

Postal  Service 91 

Postal  Treaties 146 

Postmaster-General 146 

Post  Office  Department 145 

Post-offices  92 

Post-roads 92 

Powers  of  Congress 80 

of  President 129 

of  Senate  and    House  respec- 
tively      115 

re.served  by  Constitution 187 

Preamble 52 

Preferred  Ports 109 

Presentment 186 

Presents  to  Officials  Prohibited.  ...    Ill 

Presidency,  Succession  to 128 

President 120 

and  legislation 117 

annual  and  other  messages  of. .    148 

appointing  power  of 129 

civil  powers  of 1 29 

compensation  of 127 

duties  of 148 

establishment  of  office  of 121 

impeachment  of 158 

inauguration  of 125 

milit.ary  power  of    129 

modes  of  election  of 121 

pardoning  power  of 132 

peace  and  armistice  made  by.    133 
power    of,  to  conduct  foreign 

relations 132 

power  of,  to  convene  Congress.  134 

qualifications  of 126 

removals  by     131 

sole  responsibility  of 149 

term  of  office  of 125 

veto  power  of 118 

See  also  Executive. 


250 


INDEX 


PACK 

President  pro  tempore  of  Senate.  . .  72 
Presidential  Electors, 

election  of 124 

meetings  of 124 

Principal  and  Agent 209 

Principal  to  a  Crime 215 

Privateers 196 

Prize 196 

Prize  Court  s 1 90 

Probate  of  Wills 213 

Prohibitions,   on   Federal   Govera- 

rnent 108 

on  Federal  and  State  Govern- 
ments   107,  109 

on  State   Governments 112 

Promissory  Notes 211 

Property   203 

personal 203 

protection  to 1^6 

real 203 

Proprietary  Governments 42 

Protection 84 

Protest  of  negotiable  paper 212 

Provincial  Governments 42 

Public  Lands.     See  Northwest  Ter- 
ritory. 

Punishment 6 

Qualifications  of  President 126 

of  Representatives 58 

of  Senators 58 

of  voters  for  Representatives  .      67 

Quartering  of  Troops 26,  184 

Quorum 73,  74 

Ratifications  of  a  Treaty IS.*^ 

Ratio  of  Representation 61 

Real  Property 203 

Reciprocity 84 

Registered  Vessels 86 

Rent 203,204 

Representation,  in  Congress 58 

in  ''free"  and  "slave"  States.  60 

Representatives 64 

apportionment  of 60 

compensation  of 69 

election  of 66 

House  of.     See  House  of  Rep- 
resentatives. 

not  to  hold  other  office 59 

oath  of 69 

qualifications  of 58 

residence  of 67 

salaries  and  terms  of  office  of.  169 

vacancies  in  office  of 68 

See  also  Congress. 

Reprieve   132 

Reprisals 194 

Republic 13 

government  in  a 14 

Resolution  of  Independence 30 

Retaliation    84 

Revenue  Cutters 141 

Revolution,  American,  cause  of.  .  .  25 

conditions  at  close  of 39 

Revolutionary  Government 32 

Right,  of  life 202 


PAGE 

Right,  of  reputation 202 

of  way  203 

Rights   4 

absolute 202 

Bill  of.     .See  Bill  of  Rights. 

civil 202 

of  an  accused  person 185 

of  colonists  in  America 22 

relative 213 

secured  by  Magna  Charta.  ...  20 

Risk  in  Insurance 211 

Robbery 216 

Royal  Colonies 42 

Rules   of   Senate   and   House. ...  77 
Rules,    International,    in    time    of 

peace 190 

in  time  of  war 194 

Salaries 169 

Sales 208 

Salic  Law 11 

Search 207 

Search  Warrants 184 

Secret  Service 141 

Secretary   of  State 138 

Secretary  of  Treasury 142 

Securities  of  the  United  States...  91 

Seignorage 144 

Senate 56 

confirmation  of  appointments 

by 129 

committees  of 75 

executive  sessions  of 131 

officers  of 72 

president    of,   the  Vice-Presi- 
dent    71 

rules  of 77 

similarity  of, to  Hou.se of  Lords.  72 

stability  of 64 

See  also  Congress. 

Senatorial  courtesy 79 

Senators 64 

compensation  of 69 

election  of 65 

not  to  hold  other  oflBce 59 

oath  of 69 

qualifications  of 58 

terms  of 58 

vacancies  in  office  of 65 

Sergeant-at-Arms 73 

Servants 214 

Sessions  of  Congress 62 

Shipping  Regulations 86 

Short  Session 63 

Slander 202,215 

Slave  Trade  not    to    be  prohibited 

before  1808 108 

Slavery 108 

abolished  by  Amendment  XIII.  187 

Stockholders 210 

Society 3 

Sociology 3 

Sovereignty 4,  5 

recognition  of 190 

Speaker  of  House 72 

compensation  of 70 

election  of 74 


INDEX 


251 


PAGE 

Speaker  of  House,  influence  of,  on 

legislation 76 

Spoils  System 130 

Stamp  Act 26,  27 

Stamp  Act  Congress 26 

State  defined 3 

State  Bonds 113 

State  Comity 172 

State  Governments,. 171 

change  of  colonial  to 43 

character  of 43 

modeled  on  English  system ...     44 

State  Rights 171 

States,   admission  of  new 178 

national   protection  of 171 

powers  reserved  to 187 

prohibited        from       making 

treaties,  etc .    112 

republican    form    of    govern- 
ment   170,  171 

restrictions    on    and    require- 
ments of,  under  Articles.  ..  .      37 

Statute  Law 162 

Strict  Constructionists 81 

Subjects 10 

Suffrage 18S 

Suicide 216 

Supreme  Court 1.59 

appeals  directly  to 166 

jurisdiction  of 164 

Supreme  Law  of  the  Land 181 

Tariff 83 

See  also  Duties. 

Taxation  81 

federal  and  state 87 

restrictions  of  powers  of 87 

Taxes 81 

direct 82,  109 

indirect 82 

limited  by  Magna  Charta 20 

Tenant .  204 

Territorial  Citizenship 177 

Territorial  Governments 176 

Territorial  .Judiciary 177 

Territorial  Legislature 177 

Territorial  Officers 176 

Territorial  Rights 191 

Territorial  Waters 191 

Territories,    Delegates  to  Congress 

from 68 

Territory, 191 

acquisition  of 174 

Congres.sional  power  over  an- 
nexed   176 

Federal 104,  174 

Testaments 212 

Testator 212 

Theocracy 10 

Title 204 

abstract  of 207 

by  act  of  the  parties 204 

by  descent 204 

by  devise ' 204 

by  gift 20.5 

by  grant 204 


PAGE 

Title,  by  last  will  and  testament  . .  205 

by  operation  of  law 205 

by  sole  act  of  the  owner 205 

Titles  of  Nobility  Prohibited Ill 

Tonnage  Duty 114 

States  not  to  levy 114 

Torts 215 

Townshend  Acts 27,  28 

Treason   158 

Treasury  Department 141 

Treasury  Notes 144 

Treaties 132 

effect  of  war  on 194 

making  of 133 

of  peace 196 

subjects  of 193 

Truces 195,  196 

Trustees  of  Corporations 210 

Ultimatum 194 

Uniform  Taxes  defined 83 

Union.     See     Governments,     Con- 
federated. 

United  States  Commissioners 161 

United  States  Marshals 161 

United  States  Notes 144 

Vacancy,  in  Office  of  President ....  128 

Representative 68 

Senator 65 

Vendee 208 

Vendor 208 

Veto 14 

President's  power  of 118 

use  of,    in  England 119 

Vice-President 120 

duties  of 127 

election  of 122,  128 

president  of  Senate 71 

Virginia  Plan 49,  50 

Congress  in  the 57 

Visit  and  Search 198 

Voters,  Qualifications  of 67 

War 194 

contraband  of 197 

effect  of,  on  citizens 195 

effect  of,  on  treaties 194 

War  Department   144 

War  of  Independence.     See  Revo- 
lution, American. 

Ward 214 

Warrant  of  Arrest 217 

Washington,  George 46 

Weather  Rureau 147 

Weights  and  Measures 89,90 

Will.  Title  bv 205 

Wills 212 

codicils  to 213 

executors  of 213 

probate  of 213 

Wilson,  James 48 

Writ 22 

Writs  of  Assistance 25 

Wrongs 215 


UNIVERSITY  OF  CALIFORNIA  LIBRARY 

Los  Angeles 
This  book  is  DUE  on  the  last  date  stamped  below. 


SEP  5     195U 
AUG  3  1  195S 


stiii 


U8L 


Uv:  ^i"*  1*' 


OCT  2  4 


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ii^TERLIBUAllY  LOANS 
JAN  3  0  1970 


r^K    .    :.^s  i.;c:.!  date 


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RfcC-O  ID-W^ 


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Form  L9 — 157n-10,'48(B1039)44i 


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